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Chapter 1 GENERAL PROVISIONS1
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Sec. 1-1. Title of Code.
The provisions in the following chapters and sections shall constitute and be designated as the "Code of General Ordinances of the City of Janesville, Wisconsin," and may be so cited. This Code may also be cited as the "City of Janesville Code," the "Janesville Code," the "City Code" or the "JGO."
(Code 1976, § 1.01.010; Ord. No. 77-1, § 1, 1977) :::
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Sec. 1-2. Saving clause.
aThis "Code of General Ordinances" shall not in any way alter or affect any special franchise ordinances, ordinances providing for the issue and sale of bonds or other securities or other ordinance of a nature other than general, as the same may be now existing; all such ordinances shall continue in full force and effect as before the passage of the ordinance codified in this chapter.
bThe prior Code and parts of Chapters 10 and 18 of the prior Code are not printed in the above adopted Code. Even though not printed, these specifically mentioned sections and parts of chapters are not hereby repealed.
(Code 1976, § 1.01.020; Ord. No. 77-1, § 2(part), 1977) :::
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Sec. 1-3. Severability of provisions.
It is hereby declared to be the intention of the council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the City Council without the incorporation in the Code of any such unconstitutional phrase, clause, sentence, paragraph or section.
(Code 1976, § 1.01.030; Ord. No. 77-1, § 2(part), 1977)
State law reference(s)---Similar provision, Wis. Stats. § 990.001(11). :::
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Sec. 1-4. Additions to Code.
Whenever additions are made to any title of this Code, without an express penalty provision, the general penalty provision for that title, chapter or section shall apply to the addition. If there is no such general penalty, then Section 1-9 shall apply.
(Code 1976, § 1.01.040; Ord. No. 77-1, § 2(part), 1977) :::
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Sec. 1-5. Definitions.
The following words and phrases, whenever used in the ordinances of the City of Janesville, Wisconsin, shall be construed as defined in this section unless from the context a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:
City means the City of Janesville, Wisconsin, or the area within the territorial limits of the City of Janesville, Wisconsin, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision.
Computation of time means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day, and if the last day is a Sunday or a legal holiday, that day shall be excluded.
Council means the City Council of the City of Janesville, Wisconsin.
County means the County of Rock, Wisconsin.
Law denotes applicable federal law, the constitution and statutes of the State of Wisconsin, the ordinances of the City of Janesville, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
May is permissive.
Month means a calendar month.
Must and shall. Each is mandatory.
Oath includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."
Ordinance means a law of the City of Janesville, provided that a temporary or special law, administrative action, order or directive may be in the form of a resolution.
Owner, applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, or the whole or a part of such building or land.
Person means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
Personal property includes money, goods, chattel, things in action and evidences of debt.
Preceding and following mean next before and next after, respectively.
Property includes real and personal property.
Real property includes lands, tenements and hereditaments.
Sidewalk means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
State means the State of Wisconsin.
Street includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the state.
Tenant and occupant, applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others.
Title of office. Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the City of Janesville, Wisconsin.
Week. The term "week" means a calendar week of seven days.
Written includes printed, typewritten, mimeographed or multigraphed.
Year means a calendar year.
1All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
2When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent.
(Code 1976, § 1.04.010)
State law reference(s)---Construction of statutes generally, Wis. Stats. § 990.01 et seq. :::
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Sec. 1-6. City Hall defined.
Whenever the term "City Hall" is found in this Code, such term shall be defined as meaning the municipal building. The terms "City Hall" and "municipal building" shall be interchangeable for purposes of this Code.
(Code 1976, § 1.04.020) :::
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Sec. 1-7. Rules of construction; grammatical interpretation.
The following grammatical rules shall apply in the ordinances of the City of Janesville, Wisconsin.
1Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the City Council may be fully carried out. In the interpretation and application of any provisions of this Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than another more general provision imposed by the Code or other law, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
2Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either ... or," the conjunction shall be interpreted as follows, except that, in appropriate cases, the terms "or" and "and" are interchangeable:
a. "And" indicates that all the connected terms, conditions, provisions or events apply.
b. "Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.
c. "Either ... or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.
3Delegation of authority. Whenever a provision appears requiring the head of a department of the City to do some act or make certain inspections, it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise.
4Joint authority. All words giving joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers, except when such words are used to grant authority to the City Council.
5Officers, boards, commissions. Whenever reference is made to officers, boards or commissions by title only, such as "Board of Directors" or "Recreation Department," such references shall be read as though followed by the words "of the City of Janesville, Wisconsin."
6Gender. Designation in the form of any gender includes the masculine, feminine and neuter genders.
7Singular and plural. The singular number includes the plural and the plural includes the singular.
8Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.
9Use of words and phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language.
(Code 1976, § 1.04.030) :::
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Sec. 1-8. Prohibited acts include causing, permitting and related acts.
Whenever in the ordinances of the City of Janesville, any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
(Code 1976, § 1.04.040) :::
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Sec. 1-9. Penalty where no penalty provided.
aIn any case where there is a violation of any chapter for which no penalty is provided, the person violating the same shall be subject to a forfeiture of not less than $10.00 nor more than $200.00 for each offense, except as provided in Subsection (b) of this section.
bIn any case where any ordinance or section of an ordinance of the City shall not provide a greater penalty for a second or subsequent conviction for a violation thereof, any person violating the same who has previously been convicted of a violation thereof shall be subject to a forfeiture of not less than $25.00 nor more than $200.00 for each offense, except that where the penalty provided by any such ordinance or section for a first violation thereof is larger than the penalty provided in this subsection, such larger penalty shall be applicable.
cNo violation of any ordinance of the City shall be a misdemeanor nor shall imprisonment be imposed as a punishment for violation of any ordinance of the City.
dAnytime the forfeiture and costs imposed by this section are not paid, the violator shall be imprisoned for a period of not less than two nor more than 60 days.
(Code 1976, § 1.12.010)
State law reference(s)---Ordinance violations, Wis. Stats. § 66.0109; imprisonment for failure to pay forfeiture and other remedies available to court for ordinance violations, Wis. Stats. § 800.09 et seq. :::
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Sec. 1-10. Authorization for use of citation.
Pursuant to the authority granted by Wis. Stats. § 66.0113, as from time to time renumbered or amended, the use of a citation to be issued for violations of ordinances, including, but not limited to, ordinances for which a statutory counterpart exists is authorized.
(Code 1976, § 1.16.010) :::
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Sec. 1-11. Officials authorized to issue citation.
Citations authorized in Section 1-10 may be issued by law enforcement officers of the City and by designated City officials with respect to sections of the Code which are directly related to the official's area of responsibility. The officials granted authority to issue citations under this section may delegate the authority to other City employees within the designated official's department with the approval of the City Council, which approval is hereby granted. Citations may be issued by the following City officials:
1Police Chief;
2Law enforcement officers;
3Fire Chief;
4Fire Inspector;
5Director of the Department of Code Administration;
6Property Maintenance Specialist;
7Superintendent of the Janesville School District and/or his or her designees.
(Code 1976, § 1.16.020; Ord. No. 82-304, § 1(part), 1982) :::
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Sec. 1-12. Form of citation.
The form of the citation to be issued by City police officers or other designated City officials is incorporated herein by reference and shall provide for the following information:
1The name and address of the alleged violator;
2The factual allegations describing the alleged violation;
3The time, date and place of the offense;
4The section of the ordinance violated, including specific sections of state law, administrative Codes or special Codes adopted by the City of Janesville ordinances by reference or otherwise;
5A designation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so;
6The time at which the alleged violator may appear in court;
7A statement which in essence informs the alleged violator:
a. That the alleged violator may make a cash deposit of a specified amount to be mailed to a specified official within a specified time;
b. That if the alleged violator makes such a deposit, he or she need not appear in court unless subsequently summoned;
c. That if the alleged violator makes a cash deposit and does not appear in court, he or she will be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment and other relief and costs as required or permitted by law, as from time to time amended, not to exceed the amount of the deposit or will be summoned into court to answer the complaint if the court does not accept the plea of no contest;
d. That, if the alleged violator does not make a cash deposit and does not appear in court at the time specified, the court may issue a summons or a warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment under Wis. Stats. § 66.0113(3)(d), or the municipality may commence an action against the alleged violator to collect the forfeiture, plus costs, fees, and surcharges imposed under Wis. Stats. ch. 814;
e. That if the court finds that the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in damage to the property of or physical injury to a person other than the alleged violator, the court may summon the alleged violator into court to determine if restitution shall be ordered under Wis. Stats. § 800.093.
8A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he or she read the statement required under Subsection (7) of this section and shall send the signed statement with the cash deposit;
9Such other information as may be deemed necessary.
(Code 1976, § 1.16.030; Ord. No. 82-304, § 1(part), 1982) :::
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Sec. 1-13. Schedule of cash deposits.
The schedule of cash deposits for the various ordinances for which a citation may be issued are as follows:
Ordinance Violated Cash Deposit Permitted Chapter 16, Article II Fire hazards---Theaters, Hotels and Nursing Homes $300.00 Chapter 16, Article V Fire Code $300.00 Chapter 16, Article VI Smoke Detector Ordinance $300.00 Chapter 16, Article VII Fire Regulation $300.00 Chapter 22, Article I Nuisance $300.00 Chapter 24, Article III, Division 7 Truancy/Habitual Truancy up to $500.00 Chapter 38, Article X Vehicles and Traffic $300.00 Chapter 34, Article VII Street, Sidewalks and Public Property $300.00 Chapter 42, Article X Zoning Code $300.00 Title 28 Signs $300.00 Title 10 Building Code $300.00 Title 18 Housing Regulations $300.00
In addition to the amount listed, the deposit must include the penalty assessment, costs and other relief and amounts required or permitted by law, as from time to time amended.
(Code 1976, § 1.16.040; Ord. No. 82-304, § 1(part), 1982; Ord. No. 84-373, § 1, 1984) :::
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Sec. 1-14. Receipt of cash deposits.
Cash deposits are to be paid at the Clerk of Courts, Rock County Courthouse, 51 South Main Street, Janesville, Wisconsin 53545. Receipts shall be given for all cash deposits received.
(Code 1976, § 1.16.050; Ord. No. 82-304, § 1(part), 1982) :::
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Sec. 1-15. Altering Code.
It shall be unlawful for any person in the City to change, or amend by additions or deletions, any part or portion of this Code, or to insert or delete pages or portions thereof, or to alter or tamper with this Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby. :::
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Sec. 1-16. Interpretation of Code.
In all interpretations of this Code and ordinances, the courts shall look diligently for the intention of the City Council, keeping in view at all times the old law, the evil, and the remedy. Grammatical errors shall not vitiate, and a transposition of words and clauses may be resorted to when the sentence or clause is without meaning as it stands. :::
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Sec. 1-17. Substantive compliance with Code.
A substantial compliance with any requirement of this Code of Ordinances, especially on the part of public officers, shall be deemed and held sufficient, and no proceeding shall be declared void for want of such compliance, unless expressly so provided by the enactment. :::
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Sec. 1-18. Catchlines of sections; history notes and references.
The catchlines of sections in this Code printed in boldface type, italics or otherwise, are intended as mere catchwords to indicate the contents of the section, and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. The history notes appearing in parentheses after each section and the references and editor's notes scattered throughout this Code are for the benefit of the user of the Code and shall have no legal effect. :::
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Sec. 1-19. Effect of repeal or expiration of ordinance.
aThe repeal of an ordinance, or its expiration by virtue of any provision contained therein, shall not affect any right accrued or any offense committed, any penalty or punishment incurred or any proceeding commenced before the repeal took effect or the ordinance expired.
bWhen an ordinance which repealed another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect. :::
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Sec. 1-20. Prior offenses, penalties and rights not affected by adoption of Code.
aNothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done or any penalty of forfeiture incurred or any contract or right established or accruing before the effective date of this Code.
bNothing contained in this title shall be construed as abating any action pending under or by virtue of any general ordinance of the City repealed in this title, and all general ordinances contained in this Code shall be deemed to be continuing and not a new enactment of the same ordinance. This title shall not be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue or as affecting the liability of any person or as waiving any right of the City under any ordinance or section thereof in force at the time of the adoption of this Code. :::
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Sec. 1-21. Rates, charges, and fees established.
aUnless otherwise provided for, all rates, charges, or fees necessary for the administration and enforcement of the provisions of this Code shall be as currently established or as hereafter adopted by motion, resolution or ordinance of the City Council, from time to time. Any rates, charges, or fees established by the City pursuant to the regulations or requirements established herein may be changed from time to time by the Council, and such changes shall both be considered an amendment to this Code.
bWhenever any provision of this Code provides that a rate, charge, or fee shall be established by the City Council, from time to time, and the amount of such rate, charge, or fee is not expressed in this Code in any dollar amount, then the amount of such rate, charge, or fee shall be the most recent and latest amount established, set or fixed by the City Council by ordinance, resolution or motion.
c(1) Pursuant to the laws of the State of Wisconsin, Notary Publics acting on behalf of the City of Janesville are witnessing signatures on various documents and often swearing-in persons on oath . The Notary Public does not verify the accuracy or legality of the document being signed. Prior to performing the notary services for the customer, all non-city business related Notary Public services shall require the customer to pay a fee to the City Clerk-Treasurer's Office for such service as set forth in State Statute 140.02(9)(d), as from time to time amended or renumbered.
2City of Janesville Notaries shall:
a. Notarize documents for signers who are physically present and can be properly identified. Customers may not pre-sign documents.
b. Confirm the identity and signature of all individuals against a valid government-issued photo identification card (i.e. driver's license or state ID).
c. Notarize documents written in English only.
d. Notarize complete documents, which shall not contain blanks or missing information or pages.
e. Notarize only 'original' documents bearing the signer's original, wet-ink signature (not a photocopy or fax of a signed document)
3City of Janesville Notaries shall not:
a. Not notarize copies of passports, I-9 forms, closing paperwork, financial documents, trusts or wills.
b. Not be responsible for reviewing content of the paperwork presented or executing documents (ex.: mortgage documents should be taken to a bank or mortgage company).
c. Not certify copies of documents or notarize that a record is an original or true copy of another record. If you need a 'certified true copy' of a document, customers must go to the place of origin to obtain it.
d. Not certify that a statement is true or certify documents attesting that they are a citizen, are alive, etc.
e. Not notarize documents that are post-dated.
f. Not perform a notarial act electronically.
4The City of Janesville staff does hereby reserve the right to refuse to notarize any document.
dExcept where otherwise provided, the fee for a duplicate copy of any license or permit issued through the City shall be collected in the amount as from time to time set by the City Council and listed in the Fee Schedule. The requestor shall be required to provide proof of identity as the permit or license holder before a duplicate is provided.
(Ord. No. 2023-0874, § I, 9-25-2023; Ord. No. 2023-0875, § I, 9-25-2023) :::
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Sec. 1-22. Provisions considered continuations of existing ordinances.
The provisions appearing in this Code, so far as they are the same as ordinances adopted prior to this Code and included in such Code, shall be considered as continuations thereof and not as new enactments. :::
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Sec. 1-23. Amendments to Code.
aAll ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion in this Code. In the case of repealed titles, chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from this Code by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code by the City Council.
bAmendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code.
cIf a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Code of the City of Janesville, WI, is hereby amended by adding a section (or article or chapter or title) to be numbered, which section reads as follows:...." The new section may then be set out in full as desired.
dAll sections, articles, chapters, titles, or provisions desired to be repealed should be specifically repealed by section, article, chapter, or title number, as the case may be. :::
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Sec. 1-24. Supplementation of Code.
aBy contract or by city personnel, supplements to this Code shall be prepared at least on an annual basis. A supplement to this Code shall include all substantive, permanent and general parts of ordinances passed by the City Council during the period covered by the supplement and all changes made thereby in this Code. The pages of a supplement shall be so numbered that they will fit properly into this Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, this Code will be current through the date of the adoption of the latest ordinance included in the supplement.
bIn preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
cWhen preparing a supplement to this Code, the codifier (meaning the person authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified Code. For example, the codifier may:
1Organize the ordinance material into appropriate subdivisions.
2Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles.
3Assign appropriate numbers to sections and other subdivisions to be inserted in this Code and, where necessary to accommodate new material, change existing section or other subdivision numbers.
4Change the words "this ordinance" or words of the same meaning to "this title," "this chapter," "this article," etc., as the case may be, or to "sections _____ to _____" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code).
5Make other non-substantive changes necessary to preserve the original meanings of ordinance sections inserted into this Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code. :::
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Sec. 1-25. Altering Code.
It shall be unlawful for any person in the City to change or amend by additions or deletions any part or portion of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby, unless so authorized by ordinance or resolution or other official act of the City Council. Any person violating this section shall be punished as provided in Section 1-9. :::
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Sec. 1-26. Reserved.
Ord. No. 2023-070, § III, adopted October 23, 2023, repealed § 1-26, which pertained to temporary relief facilitating certain business activities and derived from Ord. No. 2020-810, § I, November 9, 2020. :::
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Chapter 2 ADMINISTRATION2
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ARTICLE I. IN GENERAL
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Secs. 2-1---2-18. Reserved.
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ARTICLE II. CITY COUNCIL3
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Sec. 2-19. Regular.
aThe Council shall meet annually on the third Tuesday of April for the purpose of organization, and regular meetings shall be held thereafter on the second and fourth Monday of each month.
bWhen a regular meeting date falls on a legal holiday, Christmas Eve or New Year's Eve, that regular meeting shall be cancelled but may be held on a different weekday to be determined by the Council President prior to the next regularly scheduled Council meeting, with prior notice to the Councilmembers. The Council President may also cancel or reschedule the second meetings of June and December.
cThe Council President may reschedule a regular Council meeting which falls upon an election day, including, but not limited to, primaries, general elections and other public voting events.
(Code 1976, § 2.04.010; Ord. No. 2021-827, § I, 8-23-2021) :::
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Sec. 2-20. Special.
Special meetings may be called by the president of the Council, or by any two Councilmembers, or by the City Manager, by written notice as required by Wis. Stats. § 62.11(2); provided however, that such notice of a meeting may be waived by any member.
(Code 1976, § 2.04.020) :::
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Sec. 2-21. Time; place.
Regular meetings of the Council shall be held in the Council Chambers at the City Hall at 6:00 p.m. Special meetings shall be held at the place and at the time designated in the notice thereof.
(Code 1976, § 2.04.030) :::
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Sec. 2-22. Order of business.
The order of business shall be:
1Call to Order, Pledge of Allegiance, and Emergency Procedures;
2Roll call;
3Recognitions;
4Public comments on items on the agenda not requiring a public hearing and on matters which can be affected by Council action;
5City Manager update;
6Showcase Janesville presentation;
7Minutes of previous meeting;
8Consent items as outlined in City Council Policy Statement No. 65. In any order determined by the presiding officer;
9Old business;
10New business;
11City Council announcements;
12Adjournment.
(Code 1976, § 2.04.040) :::
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Sec. 2-23. Presiding officer; election.
aAnnually, at their first meeting (organizational meeting) on the third Tuesday in April after regular elections, the City Council shall elect, by majority vote, one of their members to serve as President, and, by separate majority vote, one of their members to serve as Vice-President, for that term-of-office year.
bThe President of the City Council, if present, shall preside at all meetings. In the President's absence, the Vice-President shall preside. If both the President and Vice-President are absent from the same meeting, the members attending shall select one of their members to preside.
cThe President, Vice-President and presiding member shall have the power to vote on all matters, as do all other City Councilmembers, but no one shall have any veto power.
(Code 1976, § 2.04.050) :::
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Sec. 2-24. Appointments; presidential authority; Council confirmation.
All appointments to committees, boards and commissions, except as otherwise provided by law, shall be made by the president, subject to confirmation by the Council.
(Code 1976, § 2.04.060) :::
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Sec. 2-25. Voting; method.
The ayes and noes shall be called and recorded on the vote upon every ordinance and resolution.
(Code 1976, § 2.04.070) :::
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Sec. 2-26. Quorum.
A majority of the members of the Council shall constitute a quorum, and a majority vote of all members of the Council shall be necessary to adopt any ordinance or resolution.
(Code 1976, § 2.04.080) :::
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Sec. 2-27. Reading of ordinances; procedure.
Every ordinance, or resolution in the nature of an ordinance, shall receive two separate readings previous to its passage. It shall be sufficient to have such ordinance read by title only. The title of each ordinance shall concisely state its subject and any applicable penalty provisions, but failure to follow this requirement shall not invalidate any ordinance. No such ordinance or resolution shall have its two readings on the same day, unless by suspension of the rules as provided in Section 2-31.
(Code 1976, § 2.04.090) :::
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Sec. 2-28. Privilege of floor.
Every member of the Council, prior to speaking upon any subject, shall address the presiding officer and, upon securing the privilege of speaking, shall not be interrupted except by a call to order.
(Code 1976, § 2.04.100) :::
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Sec. 2-29. Committees; standing; special.
The Committee of Public Works, Transportation Committee and Park Land Acquisition Committee shall be the only standing committees. Special committees shall be appointed from time to time as the Council may deem necessary.
(Code 1976, § 2.04.110; Ord. No. 80-188, § 1, 1980) :::
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Sec. 2-30. Committee; assignment notification; City Clerk's duties.
It shall be the duty of the City Clerk, in addition to all other duties prescribed by law, to notify in writing all committee members and all City officers of any matter referred to them or any special duty assigned to them. Such notice shall be given as soon as reasonably possible after such matter has been so referred or assigned.
(Code 1976, § 2.04.120) :::
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Sec. 2-31. Suspension, reconsideration, rescission or amendment; Council approval.
aNo rule, order, ordinance, resolution or motion, written or verbal, adopted during the same or any previous meeting of the City Council shall be suspended, reconsidered or rescinded without the concurrence of at least five members of the Council. For purposes of this chapter, the term "previous meeting" means any regular or special meeting of the City Council occurring since the third Tuesday of the immediately preceding April. Reconsideration, suspension and rescission can only be made by a Councilmember who voted on the prevailing side, may be seconded by any other Councilmember, and requires not less than five affirmative votes.
bThis chapter and the need for reconsideration shall not apply to any negative vote. A "negative vote" is one which fails to adopt or enact any rule, order, ordinance, resolution or motion in the manner required by law, regardless of the number of votes originally cast in favor of adoption or enactment of the failed matter. In such cases, in the event that the same subject matter appears upon a subsequent agenda and is publicly noticed in the manner required by law, all motions and other actions pertaining to the subject matter may be made and/or re-introduced by any Councilmember and adopted or enacted by the vote required by law, notwithstanding any failure to adopt or enact such matter any time previously.
cThis chapter and the need for reconsideration shall not apply to any subsequent minor amendment of any part, portion or provision of any chapter, resolution or motion previously adopted or enacted, if such amendments are otherwise permitted by law. For purposes of this chapter, the term "minor amendments" means those modifications which do not repeal, rescind, void, nullify, amend or reconsider the entire ordinance or resolution; or defeat the scope, purpose, intent or effect of the originally adopted or enacted ordinance or resolution; or would render such ordinance or resolution, in scope, intent, purpose, effect or express language, contrary to or substantially different from that which was originally adopted or enacted.
dIf not made during the same meeting as the original vote upon the subject matter or action, a motion to reconsider, suspend or rescind must be included in the public notice and agenda of the subsequent meeting.
eA motion to reconsider, suspend or rescind must be based upon new information or a change in circumstances, which reason must be articulated by the moving Councilmember prior to vote thereon.
fUpon passage of the motion to reconsider, the subject matter or action under reconsideration is subject to discussion, debate and such other treatments as would have been in order during the original consideration. To be adopted or enacted, the matter or action must again be voted on and receive the minimum number of votes required by law.
gThis chapter takes precedence and governs notwithstanding any ordinance, resolution, rule or provision of Robert's Rules of Order to the contrary.
(Code 1976, § 2.04.130) :::
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Sec. 2-32. Robert's Rules of Order.
The rules of parliamentary practice comprised in Robert's Rules of Order, Newly Revised, shall govern the proceedings of the Council in all cases to which they are applicable, and where they are consistent with the laws of the state or any special rule adopted for the government of this Council.
(Code 1976, § 2.04.140) :::
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Sec. 2-33. Appointment of Councilmembers to committees; Presidential authority; Council confirmation.
All appointments of Councilmembers to committees, boards and commissions shall be made by the Council President, subject to confirmation by the Council. Pursuant to Wis. Stats. § 66.0101 concerning Charter ordinances, this provision shall apply regardless of any other ordinance or Wisconsin state statute.
(Code 1976, § 2.04.150; Charter Ord. No. 80-A, § 1, 1980) :::
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Sec. 2-34. City manager appointments; limitation of terms.
Except as otherwise provided by state law or as set forth in Subsection (3) of this section, for all appointments made by the City Manager to committees, boards, and commissions, whether or not subject to City Council confirmation, the term of appointment shall be limited as follows:
1When the initial term of appointment is three years or less, the individual may be appointed for no more than two consecutive full terms of service on the same committee, board, or commission.
2When the initial term of appointment is more than three years, the individual may not be appointed for any additional consecutive term of appointment on the same committee, board, or commission.
3There shall be an exception to the provisions of this section for any appointee who is, by virtue of his or her unique knowledge or critical capacity within an unfinished project, considered by the City Manager to be indispensable at the time of his or her term expiration. He or she may then be appointed for an additional term.
(Code 1976, § 2.04.160; Ord. No. 87-519, § 1, 1987) :::
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Secs. 2-35---2-56. Reserved.
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ARTICLE III. OFFICERS AND EMPLOYEES
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Sec. 2-57. Treasurer; bond with sureties not required.
The Treasurer of the City shall not be required to execute and deliver to the County Treasurer a bond with sureties to be approved by the County Treasurer as provided in Wis. Stats. § 70.67(1). The City obligates itself to pay, in case the Treasurer thereof fails to do so, all taxes of any kind required by law to be paid by such Treasurer to the County Treasurer.
(Code 1976, § 2.08.010) :::
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Sec. 2-58. Engineer; requirements; duties.
aThe City Engineer shall be a registered professional engineer, competent to perform the usual duties of such office, among which duties shall be the following:
1To locate and, by suitable landmarks, show the boundary lines of public grounds, streets and other public ways;
2To locate and suitably mark sidewalk lines and curblines;
3To make and file with the City Clerk profiles of proposed grades for streets and other public ways for sidewalks, curbings, sewers, gutters and other surface drains;
4To prepare plans, maps, plats, profiles, specifications and estimates for public works or improvements including those required by the water department;
5To superintend the construction of all street pavements, and of all bridges, sewers and other public improvements;
6To locate and mark the boundary and grade lines of sidewalks and curbs for persons desiring such services for the purpose of properly locating and constructing any sidewalk, curbing or gutter;
7To perform all traffic engineering;
8To carry out or direct the usual functions of a City Planner by providing the City Plan Commission with all necessary data which will enable it to carry out its duties as specified in Wis. Stats. § 62.23;
9To perform any other work and render any other service appropriate to his or her office or delegated to him or her by the City Manager;
10To preserve in his or her office all field notes, maps, plans, profiles, papers, books, writings and records made by him or her or coming into his or her possession as City Engineer and to arrange and index the same in such manner that a ready reference may be had thereto;
11To make and keep systematic records in suitable books to be provided by the City therefor of all profiles of grades established by the Council, of all field notes of surveys of boundary lines of public grounds and of streets and other public ways, and of curblines and sidewalk lines, and also of the descriptions and locations of monuments, benchmarks and landmarks made or used by him or her in making any such surveys, or in making profiles of grades established by the Council.
bThe files and records to be kept in the City Engineer's office, pursuant to the provisions of this section, shall be public files and records and shall permanently remain in such office and be open for inspection by the public.
cThe City Engineer or any assistant or employee of the City Engineer is authorized to make surveys, establish boundary lines, assist in the making of plats, or do any other work of an engineering nature for and at the request of private parties; provided, however, that such work shall not be done during regular working hours and the doing of such work shall not be permitted to interfere with the work necessary to be done for the City; and provided, further, that the City Engineer or any assistant or employee who does such work shall file in the City Engineer's office records to show such surveys, boundary lines established, monuments placed and all other data which might be of value as a permanent record in such office.
dThe City Engineer is authorized and required to charge private parties such amounts as in his or her judgment may be reasonable for services performed by himself or herself or his or her assistants or employees done during regular working hours. All such money collected shall be turned over by him or her to the City.
(Code 1976, § 2.08.030) :::
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Sec. 2-59. Utility Director; duties.
The Utility Director shall plan, direct and administer all programs and activities of the water department, wastewater department, water and wastewater office staff and do all related work as required or as assigned by the City Manager. It shall be his or her duty to see that all rules and regulations adopted for the operation of the Water Department and the Wastewater Department are complied with and that all pertinent federal or state requirements which relate to the Water Department or Wastewater Department are enforced.
(Code 1976, § 2.08.040; Ord. No. 85-428, § 1, 1985) :::
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Sec. 2-60. Superintendent of Streets and Sewers; duties.
The Superintendent of Streets and Sewers shall have charge of the following:
1The repair, reconstruction, and sanitation of all streets;
2The construction of new storm sewers and maintenance of all sewers;
3The collection and disposition of all rubbish and garbage;
4The snow removal, sanding and ice control on all street and City sidewalks and public parking lots;
5Cutting of weeds on private and City property and cooperation with the Weed Commissioner in his or her duties;
6To cooperate with the Police in requiring that barriers be erected and warning lights be kept on all excavations or other construction in the streets;
7To advise the City Manager of all unlawful encroachments upon and obstructions to travel on sidewalks and streets and to report to the City Manager all failures and refusals to comply with his or her orders in respect thereto;
8To report to the City Manager all dangerous defects in streets, sidewalks and bridges which he or she is not authorized to remedy without the express direction of the City Manager;
9To have charge of the repair and maintenance of all machinery and automotive equipment owned by the City; and
10To carry on such other related duties as may be assigned to him or her by the City Manager.
(Code 1976, § 2.08.050) :::
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Sec. 2-61. Street commissioner; City Engineer to perform duties.
The duties of the Street Commissioner have been assigned to the City Engineer and are listed under the duties of the City Engineer.
(Code 1976, § 2.08.060) :::
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Sec. 2-62. Councilmembers; membership; term of office; compensation.
The Council shall consist of seven members elected at large who shall hold office for two years and shall serve without compensation. Of the seven members of the Council, three shall be elected in the even-numbered years and four in the odd-numbered years.
(Code 1976, § 2.08.070) :::
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Sec. 2-63. Weed Commissioner; created; appointment; duties.
There is created the office of Weed Commissioner to be filled by appointment in the same manner that other appointments are made. It shall be the duty of the Weed Commissioner to see that all the laws of the state and ordinances of the City covering the destruction of noxious weeds are enforced. The Weed Commissioner shall keep adequate records so that proper charge can be made against private property for services rendered in the performance of his or her duties.
(Code 1976, § 2.08.100) :::
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Sec. 2-64. Combined offices; City Manager authority; Council confirmation.
The City Manager shall have power, subject to confirmation by the Council, to combine any of the City offices created by law or ordinance where the duties of such offices so combined are not incompatible and to vest the powers and duties of such combined offices in one officer.
(Code 1976, § 2.08.110) :::
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Sec. 2-65. Minor administrative offices; creation authority; Council confirmation.
The City Manager shall have power, subject to confirmation by the Council, to create such minor administrative offices and positions such as sanitary inspector, welfare worker, health nurses, recreational director, etc., as may from time to time become necessary. The City Manager shall also have the power to discontinue such offices and positions according to his or her judgment of the needs of the City.
(Code 1976, § 2.08.120) :::
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Sec. 2-66. City officers and employees compensation, generally.
The amount of salary or compensation to be paid all City officers and employees other than the City Manager shall be determined by the City Manager, subject, however, to the approval of the Council. The salary of the City Manager shall be fixed by the Council.
(Code 1976, § 2.12.010)
State law reference(s)---Councilmember compensation, Wis. Stats. §§ 62.09(6) and 64.08. :::
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Sec. 2-67. Wisconsin retirement fund members; effective date; service credits.
The City has elected by ordinance to place its employees under the Wisconsin Retirement System with the effective date January 1, 1944. Eligible City personnel are entered and prior service credits are at rates equal to two times the rates of the municipal credits for current services applicable to employees who were employed by the City on October 4, 1943.
(Code 1976, § 2.12.020) :::
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Sec. 2-68. Participation in supplementary retirement program.
All employees of the City who are not covered by a collectively bargained agreement may, at the option of the employee, participate in the Supplementary Retirement Program administered by the International City Management Association Retirement Corporation pursuant to such rules and regulations as are established by the City or the International City Management Association Retirement Corporation, and the City Manager and the City Clerk are authorized to execute any and all documents and agreements necessary for such participation. Such participation in this supplementary retirement program shall also be extended to all employees of the City who are covered by a collectively bargained agreement which specifically provides for participation by the bargaining unit members.
(Code 1976, § 2.12.030; Ord. No. 77-57, § 1, 1977; Ord. No. 82-281, § 1, 1982) :::
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Secs. 2-69---2-98. Reserved.
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ARTICLE IV. BOARDS, COMMISSIONS AND COMMITTEES
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DIVISION 1. GENERALLY
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Secs. 2-99---2-124. Reserved.
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DIVISION 2. HEALTH DEPARTMENT
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Sec. 2-125. Board of Health; powers vested in City Manager.
The Board of Health has been dispensed with by prior action of the Council. All the powers and duties of said board are vested in the City Manager.
(Code 1976, § 2.16.010) :::
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Sec. 2-126. Commissioner or officer; appointment; powers; duties.
The City Manager shall appoint, in the same manner that other appointments to City offices are made, a regularly licensed physician as Health Commissioner or Health Officer who shall have all the powers and duties of such office as prescribed by the statutes of the state or ordinances of this City. The Health Officer shall be a full-time officer and he or she shall not engage in the private practice of medicine or in any other conflicting occupation.
(Code 1976, § 2.16.020) :::
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Sec. 2-127. Other officers; appointment; powers; duties.
The City Manager shall appoint such other officers or employees in the Health Department, such as Sanitary Inspector, welfare worker and nurses, as he or she may deem necessary. All such officers and employees shall have such powers and perform such duties as may be prescribed by the City Manager and Health Officer, or either of them.
(Code 1976, § 2.16.030) :::
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Sec. 2-128. Rules and regulations; approval; penalties.
The Health Commissioner or Health Officer shall provide such rules and regulations as shall be necessary for the preservation of health, to prevent the spread of communicable diseases, to cause the removal of all objects detrimental to health, and to enforce the health laws. All proposed rules and regulations shall be reported by him or her to the City Manager for his or her approval acting as a board of health. If the City Manager approves, he or she shall report the proposed rule or regulation to the Council. If the Council approves the same by a vote of a majority of its members, such rule or regulation shall have the force and effect of ordinances, including the same penalties as are provided for violations of this chapter.
(Code 1976, § 2.16.040) :::
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Sec. 2-129. Delegation of power and duties.
The City Manager may delegate to either the Chief of Police, the Health Officer or the Assistant Health Officer any of the powers and duties conferred upon him or her by this chapter.
(Code 1976, § 2.16.050) :::
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Sec. 2-130. Resisting health authorities.
No person shall willfully resist or obstruct the Health Officer, or any of his or her assistants, in the performance of his or her duties.
(Code 1976, § 2.16.060) :::
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Sec. 2-131. Violation; penalty.
Any person who violates any of the provisions of this chapter shall pay to the City a forfeiture of not less than $25.00 and not exceeding $500.00, together with the costs of prosecution, for each offense, and each day during which any violation continues shall be deemed a separate offense, and in default of the payment of such penalty shall be imprisoned in the county jail not less than five days not more than 60 days.
(Code 1976, § 2.16.070) :::
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Secs. 2-132---2-152. Reserved.
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DIVISION 3. BOARD OF REVIEW4
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Sec. 2-153. Membership; appointment; Council approval; term of office.
aIn order to create a more objective and unbiased Board of Review that will be able to examine objections to valuations with impartiality, the Board of Review shall consist of five residents of the City, none of whom shall occupy any public office or be publicly employed.
bThe members of the board of review shall be appointed by the City Manager with the approval of the City Council and shall hold office as members of the board of review for a term of five years and until their successors are appointed and qualified. There shall be an exception to the provisions of Section 2-34 for any appointee to the Board of Review.
cThe members of the Board of Review shall serve without salary.
dAlternate members of the Board of Review may be appointed from time to time and at any time by the City Manager with approval of the City Council. The City Manager shall decide the number of alternate members to appoint from time to time. Each alternate member shall be a resident of the City, shall not occupy any other public office, shall not be publicly employed, and shall hold office as an alternate for a single term of five years until his or her time expires or he or she resigns. Additional terms as an alternate shall be as set forth above. Each alternate so appointed shall be designated by seniority. In the event that a standing member of the Board of Review is removed or unable to serve for any reason, the alternate with the most seniority shall serve in his or her stead.
(Code 1976, § 2.20.010; Ord. No. 87-519, § 3, 1987; Ord. No. 2018-721, § I, 5-14-2018) :::
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Secs. 2-154---2-174. Reserved.
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DIVISION 4. LIBRARY BOARD5
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Sec. 2-175. Created.
The Library Board is created by statute, especially Wis. Stats. § 43.54, and exists by virtue of the statutes, and not by reason of any ordinance.
(Code 1976, § 2.24.010) :::
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Secs. 2-176---2-193. Reserved.
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DIVISION 5. ZONING BOARD OF APPEALS
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Sec. 2-194. Powers; duties.
The Zoning Board of Appeals has the same powers and duties as shown in Wis. Stats. § 62.23(7)(e). Members of the Zoning Board of Appeals shall be City of Janesville residents, except that members currently serving as of June 30, 2017 shall be permitted to complete their term even if not a resident of the City of Janesville.
(Code 1976, § 2.28.010) :::
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Secs. 2-195---2-231. Reserved.
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DIVISION 6. COMMITTEE (BOARD) OF PUBLIC WORKS6
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Sec. 2-232. Composition; City Engineer.
As authorized and empowered by Wis. Stats. § 62.14, in particular Wis. Stats. § 62.14(1), the "Committee of Public Works" and "Board of Public Works" of the City shall be the City Engineer.
(Code 1976, § 2.32.010) :::
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Sec. 2-233. Powers; duties.
The City Engineer shall have all of the powers, duties, responsibilities, obligations, rights, titles and privileges vested by state law in the Committee of Public Works and the Board of Public Works. The City Engineer is hereby vested with all power and authority, and charged with all duties and acts as prescribed in the state statutes for a Board and/or Committee of Public Works. Whenever and wherever reference in any City Charter or General Ordinance, resolution, policy statement, by-law, rule, contract or other document is made to the Committee of Public Works or Board of Public Works, those terms shall henceforth mean the City Engineer.
(Code 1976, § 2.32.020) :::
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Sec. 2-234. Charter ordinance.
Pursuant to Wis. Stats. § 66.0101, as from time to time amended or renumbered, concerning Charter Ordinances, this Charter Ordinance shall apply regardless of any other ordinance or Wisconsin state statute to the contrary which shall cease to be in effect in Janesville, pursuant hereto and Wis. Stats. § 66.0101(4) and other applicable provisions of the Wisconsin Statutes.
(Code 1976, § 2.32.030) :::
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Secs. 2-235---2-261. Reserved.
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DIVISION 7. FIRE DEPARTMENT7
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Sec. 2-262. Membership.
The Fire Department shall consist of a Chief, one or more mechanics, one or more fire prevention personnel, and such other firefighters and employees as may from time to time be appointed pursuant to the Statutes of Wisconsin, the ordinances and resolutions of the Council, and the rules and regulations governing such department.
(Code 1976, § 2.36.010; Ord. No. 77-46, § 1, 1977) :::
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Sec. 2-263. Chief; duties.
The Chief of the Fire Department shall have command of the Fire Department of the City, subject to the direction of the City Manager. It shall also be the Chief's duty to see that all rules and regulations, which are now in force or may hereafter be adopted, pertaining to such department are enforced. The Chief shall make all inspections provided by law, and shall keep adequate and complete records of all activities of the Chief's department. The Chief shall also have the care and custody of all property used in the department and it shall be the Chief's duty to see that all equipment is kept in first class working order.
(Code 1976, § 2.36.020) :::
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Sec. 2-264. Captains, mechanics, electrician and fire prevention inspector; duties.
The captains in the Fire Department and also the mechanics, electrician and fire prevention inspector shall exercise such authority and perform such duties as may be prescribed by the Chief of the department.
(Code 1976, § 2.36.030) :::
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Sec. 2-265. Chief; fire investigation; recordkeeping.
The Chief of the Fire Department shall investigate or cause to be investigated the cause of all fires which may occur in the City as soon as possible after they occur, and shall keep, or cause to be kept, a record thereof and of the evidence in each case, and shall file the same, or a copy thereof, in the office of the Chief.
(Code 1976, § 2.36.040) :::
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Sec. 2-266. Chief; inspections; right of entry when; report to City Manager.
The Chief of the Fire Department shall make such inspections or cause such inspections to be made as may be necessary to ascertain whether any of the provisions of this chapter are being violated and, for that purpose, the Chief and the Chief's designees are authorized to enter any building and upon all premises at any reasonable time. In any case that any fire hazard or danger exists which should be remedied, it shall be the Chief's duty to give such directions in respect thereto as the Chief deems necessary. If such directions are not complied with, the Chief of the Fire Department is to report thereon to the City Manager.
(Code 1976, § 2.36.050) :::
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Sec. 2-267. Building alterations within fire limits; approval required.
No person, partnership or corporation shall directly or indirectly erect or construct any building or structure nor add to, enlarge, improve, move, convert, extend or structurally alter any building or structure or cause the same to be done without first having obtained the approval of the Chief of the Fire Department when the building or structure is within the fire limits.
(Code 1976, § 2.36.060; Ord. No. 82-301, § 4, 1982) :::
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Sec. 2-268. Violation; penalty.
Any person who violates any of the provisions of this chapter shall pay to the City a forfeiture not exceeding $50.00 together with the costs of prosecution for each offense. Each day during which any such violation continues shall be deemed a separate offense. In default of the payment of such penalty, such violator shall be imprisoned in the county jail not to exceed 30 days.
(Code 1976, § 2.36.080) :::
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Secs. 2-269---2-299. Reserved.
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DIVISION 8. POLICE DEPARTMENT8
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Sec. 2-300. Membership; appointment when; compensation.
The Police Department shall consist of a Chief of Police and such other officers, assistants and employees as may from time to time be appointed, pursuant to the provisions of the statutes of Wisconsin, the ordinances and resolutions of the Council, and the rules and regulations governing such department. The City Manager shall also have the power to appoint from time to time such special police as may, in the City Manager's judgment, be deemed necessary, the same to serve either with or without compensation as ordered by the City Manager.
(Code 1976, § 2.40.010; Ord. No. 77-46, § 2, 1977) :::
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Sec. 2-301. Chief of Police; rules and regulations; enforcement authority; recordkeeping duties.
The Chief of Police shall have command of the Police Force of the City, subject to the direction of the City Manager. It shall also be the Chief's duty to see that all rules and regulations which are now in force, or may hereafter be adopted, pertaining to such department, are enforced. The Chief shall keep adequate and complete records of all Police Department activities.
(Code 1976, § 2.40.020) :::
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Sec. 2-302. Captains of Police; authority; duties.
The Captains of Police shall exercise such authority and perform such duties as may be prescribed by the Chief of the Department.
(Code 1976, § 2.40.030; Ord. No. 77-46, § 3, 1977) :::
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Sec. 2-303. Powers and duties.
The Chief of Police and all members of the department shall have such power and authority, and shall perform such duties as prescribed by the statutes of the state. It shall be their duty to enforce any and all statutes of the state government which may be applicable to the City, all ordinances of the City, and all rules, resolutions, regulations, and orders lawfully prescribed by the City Council or City Manager. It shall also be their duty to familiarize themselves with the provisions of the police manual and to govern themselves in accordance with the requirements of said manual.
(Code 1976, § 2.40.040) :::
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Sec. 2-304. Parking enforcement personnel; appointment; duties.
aThe Chief of Police, by and with the approval of the City Manager, may appoint parking enforcement personnel who will be civilian personnel under the jurisdiction and direction of the Chief of Police. These appointments may include persons not primarily employed by the City, who shall be limited to enforcement on county property.
bTheir duties shall be to patrol assigned areas during designated times to check for parking violations, to issue violation notices on forms prepared by the department, to answer inquiries and give directions to the public, to report defective or damaged meters and to perform other assigned duties related to those enumerated.
cSuch parking enforcement personnel shall not be police officers and shall have no power to arrest.
(Code 1976, § 2.40.050; Ord. No. 79-151, §§ 1, 2, 1979) :::
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Secs. 2-305---2-326. Reserved.
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DIVISION 9. FIRE AND POLICE COMMISSION9
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Sec. 2-327. Appointment; powers; duties.
aA Board of Police and Fire Commissioners shall be appointed in the manner provided and having the powers and duties specified in Wis. Stats. § 62.13.
bA commissioner shall be appointed for a single term of five years. There shall be an exception to the provisions of this section for any appointee who is, by virtue of his or her unique knowledge or critical capacity within an unfinished project, considered by the City Manager to be indispensable at the time of his or her term expiration. He or she may then be appointed for an additional term.
cThe board shall be empowered to appoint auxiliary police on an inactive status to be placed on an active basis pursuant to provisions of Chapter 24, Article III, Division 5.
(Code 1976, § 2.40.010; Ord. No. 87-519, § 2, 1987) :::
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Secs. 2-328---2-357. Reserved.
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DIVISION 10. PLAN COMMISSION10
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Sec. 2-358. Creation; powers; duties; qualifications.
There is created, under and pursuant to the provisions of Wis. Stats. § 62.23, a City Plan Commission to consist of seven members whose organization, powers, duties and qualifications shall be as set forth in Wis. Stats. § 62.23.
(Code 1976, § 2.48.010) :::
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Sec. 2-359. Charter ordinance; Plan Commission membership and appointments; Council confirmation.
The City Plan Commission shall consist of one member of the City Council and six City citizen members. The members of the Plan Commission shall select their own presiding officer, from time to time. The Councilmember on the Plan Commission shall be appointed by the Council President, subject to confirmation by the City Council, in accord with Janesville Charter Ordinance No. 80-A adopting Charter Ordinance Section 2-33. The City Manager shall continue to appoint the non-Councilmembers to the Plan Commission, which appointments shall remain not subject to Council approval. Pursuant to Wis. Stats. § 66.0101, as from time to time amended or renumbered, concerning Charter Ordinances, this Charter Ordinance shall apply regardless of any other ordinance or Wisconsin state statute to the contrary which shall cease to be in effect in Janesville, pursuant hereto and Wis. Stats. § 66.0101(4) and other applicable provisions of the Wisconsin Statutes.
(Code 1976, § 2.48.020) :::
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Sec. 2-360. Election; appointment; term of office.
The member of the City Plan Commission from the Council, and likewise the citizen members of said commission, shall be elected or appointed for such terms and in such manner, all as provided in Wis. Stats. § 62.23, as from time to time amended or renumbered, except as set forth in this article.
(Code 1976, § 2.48.030) :::
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Sec. 2-361. Qualification; vacancy; compensation.
All citizen members of the City Plan Commission shall be persons of recognized experience and qualifications. Such members of the commission shall hold office until their respective successors are selected and qualified. Whenever a vacancy occurs in the term of any citizen member, a successor shall be appointed in the manner as provided by statute to fill such unexpired term. No member of such commission shall receive any compensation for his or her services as such member.
(Code 1976, § 2.48.040) :::
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Sec. 2-362. Powers; authority; duties; qualifications.
The City Plan Commission shall have all the power, authority, duties and qualifications as are now, or may hereafter be, provided by the statutes of the state, and such further power, authority, duties and qualifications as may be prescribed by resolution or ordinance of the Council.
(Code 1976, § 2.48.050) :::
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Secs. 2-363---2-382. Reserved.
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ARTICLE V. ELECTION
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Sec. 2-383. Creation.
Pursuant to Wis. Stats. §§ 7.52 and 7.53(2)(m), there is created a Board of Absentee Ballot Canvassers. :::
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Sec. 2-384. Composition.
The Board of Absentee Ballot Canvassers shall be composed of the City Clerk, or a qualified elector of the City designated by the City Clerk, and two other qualified electors of the City appointed by the City Clerk for a term of two years commencing on January 1 of each odd-numbered year, except that any member who is appointed to fill a permanent vacancy shall serve for the unexpired term of the original appointee. The City Clerk may appoint additional inspectors under Wis. Stats. § 7.30(2)(a), to assist the board in canvassing absentee ballots under this section.
(Code 1976, § 2.50.020) :::
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Sec. 2-385. Canvassing of absentee ballots.
In lieu of canvassing absentee ballots at polling places under Wis. Stats. § 6.88, the board shall canvass all absentee ballots at all elections held in the City.
(Code 1976, § 2.50.030) :::
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Sec. 2-386. Counting of absentee ballots.
At every election held in the City, the board shall, any time after the opening of the polls and before 10:00 p.m. on Election Day, publicly convene to count the absentee ballots for the City. The City Clerk shall give at least 48 hours' notice of any meeting under this section.
(Code 1976, § 2.50.040) :::
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Sec. 2-387. Posting.
The City Clerk, no later than the closing hour of the polls, shall post at his or her office and on the Internet at a site announced by the City Clerk before the polls open, and shall make available to any person upon request, a statement of the number of absentee ballots that the City Clerk has mailed or transmitted to electors and that have been returned by the closing hour on Election Day.
(Code 1976, § 2.50.050) :::
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Sec. 2-388. Election inspector work shifts.
Pursuant to Wis. Stats. § 7.30(1)(a), the City Clerk is authorized to set different working hours for election inspectors assigned to the same polling place.
(Code 1976, § 2.51.010) :::
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Secs. 2-389---2-409. Reserved.
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ARTICLE VI. EMERGENCY MANAGEMENT11
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Sec. 2-410. Defined.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Emergency management means all measures undertaken by or on behalf of the state and its subdivisions to do any of the following:
1Prepare for and minimize the effect of a disaster or the imminent threat of a disaster.
2Make repairs to or restore infrastructure or critical systems that are destroyed or damaged by a disaster.
(Code 1976, § 2.52.010) :::
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Sec. 2-411. Purpose, generally.
By reason of the increasing possibility of disasters of unprecedented size and destructiveness, and to ensure that preparations will be adequate to cope with such disasters, and to provide for the common defense, to protect the public peace, health, safety, and general welfare, and to preserve the lives and property of the people, it is declared necessary to:
1Establish a local civil defense organization;
2Provide for the exercise of necessary powers during civil defense emergencies; and
3Provide for the rendering of cooperation and mutual aid between this City and other political subdivisions.
(Code 1976, § 2.52.020) :::
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Sec. 2-412. Purpose; maximum coordination with existing services.
It is further declared to be the purpose of this chapter and the policy of the City that all emergency management functions of this City be coordinated to the maximum extent practicable with existing services and facilities of this City and with comparable functions of the federal, state and county government and other political subdivisions and of various private agencies to the end that the most effective preparation and use may be made of manpower, resources, and facilities for dealing with any disaster that may occur.
(Code 1976, § 2.52.030) :::
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Sec. 2-413. Emergency; regulations.
Whenever necessary to meet a civil defense emergency for which adequate regulations have not been adopted by the City Council, the City Manager and, in his or her absence, the Deputy City Manager may, by proclamation, promulgate and enforce such orders, rules and regulations relating to the conduct of persons and the use of property as shall be necessary to protect the public peace, health and safety, and preserve lives and property and to ensure the cooperation necessary in civil defense activities. Such proclamation shall be posted in three public places and may be rescinded by the City Council by resolution at any time.
(Code 1976, § 2.52.040; Ord. No. 79-159, § 2, 1979) :::
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Sec. 2-414. Emergency; declaration; warnings or alerts; plan of action; termination when.
aUpon the declaration by the Governor, by the City Manager or the Deputy City Manager in the absence of the City Manager, or by the City Council of a state of emergency, the City Manager shall issue all necessary proclamations as to the existence of such state of emergency and shall issue such disaster warnings or alerts as shall be required in the emergency management plan.
bThe emergency management organization shall take action in accordance with the emergency management plan only after the declaration of an emergency is issued in an official disaster warning. Such state of emergency shall continue until terminated by the issuing authority provided that any such declaration not issued by the Governor may be terminated at the discretion of the City Council.
(Code 1976, § 2.52.050; Ord. No. 79-159, § 3, 1979) :::
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Sec. 2-415. Obstruction of enforcement unlawful; violation; penalty.
It is unlawful for any person willfully to obstruct, hinder or delay any member of the civil defense organization in the enforcement of any order, rule, regulation, or plan issued pursuant to this chapter, or to do any act forbidden by any order, rule, regulation, or plan issued pursuant to the authority contained in this chapter. Any person who violates any of the provisions of this chapter, he or she shall forfeit not less than $100.00 nor more than $500.00 together with the costs and disbursements of the action. In default of payment thereof, the violator shall be imprisoned in the county jail for a period not exceeding 90 days, or otherwise penalized by the court as provided by law.
(Code 1976, § 2.52.060; Ord. No. 79-159, § 4, 1979) :::
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Secs. 2-416---2-428. Reserved.
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ARTICLE VII. PUBLIC WORKS CONTRACTS
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Sec. 2-429. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Direct financial assistance shall mean monies, in the form of a grant or other agreement or included as part of a contract, cooperative agreement, or any other arrangement, including a redevelopment agreement under Wis. Stats. § 66.1333(5), as from time to time amended or renumbered, economic development agreement, contract under Wis. Stats. § 66.1105(3), as from time to time amended or renumbered, or assistance provided under Wis. Stats. § 66.1109, as from time to time amended or renumbered, that the City directly provides or otherwise directly makes available to assist in the erection, construction, repair, remodeling, demolition of a private facility. The term "direct financial assistance" does not include any of the following: a public works contract, a supply procurement contract, a contract of insurance of guaranty, a collective bargaining agreement, or any other contract under which monies are not directly provided or otherwise directly made available for that assistance.
Person shall mean each person, firm, partnership, corporation, cooperative, joint venture, organization and entity of whatsoever kind or nature.
Public works construction shall mean building or work involving the erection, construction, remodeling, or demolishing of a public work for the City. The term "public works construction" does not include a project in which the labor for the project is provided by unpaid volunteers, minor service or maintenance work, warranty work, or work under a supply and installation contract. The term "public works construction" includes all of the following:
1A highway, street, bridge, building, or other infrastructure project.
2A project erected, constructed, repaired, remodeled, demolished by one local governmental unit for another local governmental unit under a contract under Wis. Stats. §§ 66.0301(2), 83.03, 83.035, or 86.31(2)(b), as from time to time amended or renumbered, or under any other statute specifically authorizing cooperation between local governmental units.
3A project in which the completed facility is leased, purchased, lease purchased, or otherwise acquired by, or dedicated to, a local governmental unit in lieu of the local governmental unit contracting for the erection, construction, repair, remodeling, demolition of the facility.
4A road, street, bridge, sanitary sewer, or water main project in which the completed road, street, bridge, sanitary sewer, or water main is acquired by, or dedicated to, a local governmental unit, including under Wis. Stats. § 236.13(2), as from time to time amended or renumbered, for ownership or maintenance by the local governmental unit.
Publicly funded private construction project shall mean a construction project in which the developer, investor, or owner of the project receives direct financial assistance from the City for the erection, construction, repair, remodeling, demolition, including any alteration, painting, decorating, or grading, of a private facility, including land, a building, or other infrastructure. The term "publicly funded private construction project" does not include a project in which the labor for the project is provided by unpaid volunteers, minor service or maintenance work, warranty work, or work under a supply and installation contract. The term "publicly funded private construction project" does not include a project of public works or a housing project involving the erection, construction, repair, remodeling, demolition of any of the following:
1A residential property, if the project is supported by affordable housing grants, home improvement grants, or grants from a local housing trust fund.
2A residential property containing four dwelling units or less.
3A residential property that contains retail, office, or commercial components, if the project is intended to increase the supply of affordable housing in a community.
(Code 1976, § 2.56.010) :::
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Sec. 2-430. Application.
aThis chapter shall be applicable to any public works construction project as required by Wis. Stats. § 66.0903 as from time to time amended or renumbered.
bThis chapter shall be applicable to any publicly funded private construction project.
(Code 1976, § 2.56.020) :::
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Sec. 2-431. Minimum wage scale.
aEstablishment of minimum wage scale. Prior to the bidding or letting of a public works construction contract, the City Engineer or his or her designee shall determine the prevailing wage rate, hours of labor, and hourly basic pay rates for all trades and occupations required to complete the contemplated public works construction. In making this determination, the City Engineer shall obtain and incorporate a current schedule of prevailing wage rates from the Department of Workforce Development (DWD) and shall require the contractor to compensate its employees at the prevailing wage rate in accordance with Wis. Stats. § 66.0903 and DWD 290 of the Administrative Code, as from time to time amended or renumbered. Except for known increases contained within the prevailing wage schedules received from DWD, the prevailing wage rates shall not change during any public works construction contract. For publicly funded private construction projects under this section, the owner or developer of the real property for which the construction is taking place shall determine the prevailing wage rate, hours of labor, and hourly basic pay rates for all trades and occupations required to complete the contemplated publicly funded private construction project. In making this determination, the owner or developer of the real property shall obtain and incorporate a current schedule of prevailing wage rates from the Department of Workforce Development (DWD) and shall require all contractors or subcontractors to compensate its employees at the prevailing wage rate in compliance state law.
bIncorporation of minimum wage scale in construction contracts. Whenever the City shall bid any public works construction contract or owner or developer of the real property for which a publicly funded private construction project is taking place enters a contract, the bidding documents and construction contracts shall contain the minimum rate of wage scale and hours of labor as determined in Subsection (a) of this section.
cWorkers to be paid according to minimum wage scale. No laborer, worker, or mechanic employed directly upon the site of a public works construction contract or publicly funded private construction project by the contractor, or by a subcontractor, agent, or other person, doing or contracting any part of the work, may be paid less than the prevailing wage rate in the same or most similar trade or occupation; nor may he or she be permitted to work a greater number of hours per day or per calendar week than the prevailing hours of labor determined under this subsection, unless he or she is paid for all hours in excess of the prevailing hours of labor at a rate of at least 1½ times his or her hourly basic rate of pay. An employee's classification shall not be changed to a classification of a lesser rate during the contract.
dResolving questions about minimum wage scale and/or hours. Questions regarding employee classification, rate of pay, or hours of labor shall be resolved by reference to the established practice that predominates in the industry and on which the trade or occupation classification is based. The determination of the City Engineer shall be final.
(Code 1976, § 2.56.030) :::
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Sec. 2-432. Records and compliance.
aContractor records. Each contractor, subcontractor, or agent thereof participating in a public works construction contract or publicly funded private construction project covered by this chapter shall keep full and accurate records clearly indicating the name and trade or occupation classification of every laborer, worker, or mechanic employed thereby in connection with the project. The contractor records shall include an accurate record of the number of hours worked by each employee and the actual wages paid therefor. The contractor shall require, and each subcontractor or agent shall provide, the contractor with evidence of compliance with the provisions of this subsection.
bEvidence of compliance. Upon completion of the public works construction project and prior to the final payment therefor, each contractor shall file with the Janesville City Engineering Department an affidavit stating that the contractor has fully complied with the provisions and requirements of this chapter, and that the contractor has received evidence of compliance from each of the contractor's subcontractors and agents. No final payment shall be made until such an affidavit is filed in proper form and order. For publicly funded private construction projects, the evidence and affidavit of compliance from each agent or subcontractor shall be filed with the contractor. The contractor may not authorize final payment until the affidavit is filed in proper form and order.
cComplaints. Complaints made against any of the provisions of this chapter may be investigated by the City Engineer or his or her designee, or may be referred to DWD in accordance with state law. The City Engineer or his or her designee, may demand and examine copies of any weekly payrolls and other records and information relating to the wages paid to laborers, workers, and/or mechanics on public works construction contracts or publicly funded private construction projects covered by this chapter.
dInspection.
1The contractor shall at all times maintain all records pertaining to the contract and make all such records available for inspection by the City and each and every of its elected and appointed officials, officers, employees, representatives, or agents.
2Inspection by the City and related others shall be permitted by the contractor even without prior notice during normal business hours.
3Failure to permit any inspection shall constitute a separate violation, each day's continuance constituting a separate violation.
(Code 1976, § 2.56.040) :::
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Sec. 2-433. Posting of wage scale.
For the information of the employees working on the public works construction contract or publicly funded private construction project, the minimum wage rates and hours of labor determined under Section 2-431(a) shall be kept posted by the contractor in at least one conspicuous and easily accessible place at the site of the public works construction contract or publicly funded private construction project.
(Code 1976, § 2.56.050) :::
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Sec. 2-434. Use of city employees on building or public works construction.
No provision in this chapter shall be interpreted as in any way limiting the City's right to use City employees to perform building or work or public works construction consistent with state statutes.
(Code 1976, § 2.56.060) :::
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Sec. 2-435. Penalties.
aAny person who violates any rate of wage, hours of labor, related to or other provision of this chapter shall, upon conviction, pay a forfeiture to the City of not less than $100.00 nor more than $5,000.00 for each violation, together with the costs of prosecution. Upon default in forfeiture payment, such person shall be incarcerated for not more than 90 days or otherwise penalized as provided by law.
bThe failure to pay the required wage to an employee for any one week or part thereof shall constitute a separate violation.
cEach day that a person fails to pay the required wage to an eligible employee once it is determined that such wage should have been or should be paid shall constitute a separate violation.
dIn addition to and not in lieu of any other penalty or forfeiture provided in this chapter, the City may seek injunctive relief.
eIn addition to and not in lieu of any other penalty or forfeiture provided in this chapter, the City may disqualify, refuse to prequalify, and/or refuse to contract with any person who violates any provision of this chapter.
(Code 1976, § 2.56.070) :::
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Secs. 2-436---2-458. Reserved.
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ARTICLE VIII. RECORDS
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DIVISION 1. GENERALLY
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Secs. 2-459---2-489. Reserved.
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DIVISION 2. CITY RECORDS
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Sec. 2-490. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Authority means any of the following City entities having custody of a City record; an office, elected official, agency, board, commission, committee, council, department or public body corporate ad politic created by constitution, law, ordinance, rule or order; or a formally constituted subunit of the foregoing.
Custodian means that officer, department head, division head, or employee of the City designated under Section 2-492 or otherwise responsible by law to keep and preserve any City records or file, deposit or keep such records in his or her office, or is lawfully in possession or entitled to possession of such public records and who is required by this chapter to respond to requests for access to such records.
Record means any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, which has been created or is being kept by an authority. The term "record" includes, but is not limited to, handwritten, typed or printed pages, maps, charts, photographs, films, recordings, tapes (including computer tapes), and computer printouts. The term "record" does not include drafts, notes, preliminary computations and like materials prepared for the originator's personal use or prepared by the originator in the name of a person for whom the originator is working; materials which are purely the personal property of the custodian and have no relation to his or her office; materials to which access is limited by copyright, patent or bequest; and published materials in the possession of an authority other than a public library which are available for sale, or which are available for inspection at a public library.
(Code 1976, § 2.58.010; Ord. No. 83-322, § 1(part), 1983) :::
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Sec. 2-491. Duty to maintain records.
aExcept as provided under Chapter 2, Article VIII, Division 3, each officer and employee of the City shall safely keep and preserve all records received from his or her predecessor or other persons and required by law to be filed, deposited or kept in his or her office or which are in the lawful possession or control of the officer or employee or his or her deputies, or to the possession or control of which he or she or they may be lawfully entitled as such officers or employees.
bUpon the expiration of an officer's term of office or an employee's term of employment, or whenever the office or position of employment becomes vacant, each such officer or employee shall deliver to his or her successor all records then in his or her custody and the successor shall receipt therefore to the officer or employee, who shall file said receipt with the City Clerk. If a vacancy occurs before a successor is selected or qualifies, such records shall be delivered to and receipted for by the officer's or employee's supervisor, on behalf of the successor, to be delivered to such successor upon the latter's receipt.
(Code 1976, § 2.58.020; Ord. No. 83-322, § 1(part), 1983) :::
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Sec. 2-492. Legal custodian.
aEach elected official is the legal custodian of his or her records and the records of his or her office, but the official may designate an employee of his or her staff to act as the legal custodian.
bUnless otherwise prohibited by law, the City Clerk or the Clerk's designee shall act as legal custodian for the City Council and for any committees, commissions, boards, or other authorities created by ordinance or resolution of the City Council, except the Plan Commission and the Zoning Board of Appeals. The Planning Services Manager shall act as legal custodian for the Plan Commission. The Building and Development Services Manager shall act as the legal custodian for the Zoning Board of Appeals. The Human Resources Director shall act as the legal custodian for the Police and Fire Commission.
cThe following persons shall act as legal custodians for records maintained by the City:
1The City Attorney shall act as legal custodian for records in the City Attorney's Office;
2The Director of Neighborhood and Community Services shall act as the legal custodian for records in the Department of Neighborhood and Community Services, except as otherwise specified hereafter:
a. The Transit Director shall act as the legal custodian for records in the Transit Division;
b. The Recreation Director shall act as the legal custodian for records in the Recreation Division;
c. The Housing Services Director shall act as the legal custodian for records in the Housing Services Division.
3The Public Works Director shall act as legal custodian for records in the Department of Public Works, except as otherwise specified hereafter:
a. The City Engineer shall act as the legal custodian for records in the Engineering Division;
b. The Planning Manager shall act as the legal custodian for records in the Planning Division;
c. The Building Manager shall act as the legal custodian for records in the Building Division;
d. The Utility Director shall act as the legal custodian for records in the Water Utility and the Wastewater Utility;
e. The Operations Director shall act as the legal custodian for the Operations Division;
f. The Parks Director shall act as the legal custodian for records in the Parks Division;
4The Chief of Police shall act as the legal custodian for records in the Police Department;
5The Fire Chief shall act as the legal custodian for records in the Fire Department;
6The Economic Development Director shall act as legal custodian for records in the Economic Development Office;
7The Library Director shall act as the legal custodian for Hedberg Public Library;
8The Human Resources Director shall act as the legal custodian for records in the Human Resources Office;
9The Finance Director shall act as the legal custodian for records in the Finance Office;
10The City Assessor shall act as the legal custodian for records in the Assessor's Office;
11The City Manager shall act as the legal custodian for records in the City Manager's Office;
12The Deputy City Manager shall act as the legal custodian for records in the Deputy City Manager's Office;
13The Information Technology Manager shall act as the legal custodian for records in the information technology division; and
14The City Clerk-Treasurer shall act as the legal custodian for records in the Clerk-Treasurer's office and for all records for which a different legal custodian has not otherwise been designated.
dEach legal custodian shall name a person to act as legal custodian in his or her absence or disability or in case of vacancy.
eThe legal custodian shall have full legal power to render decisions and to carry out the duties of an authority under Wis. Stats. ch. 19, subch. II, and this chapter. The designation of a legal custodian does not affect the powers and duties of an authority under this section.
fThe legal custodian or designee shall review the requested records prior to release and shall not disclose or permit the disclosure of records or portions of records which are specifically exempt from disclosure.
gThe legal custodian or designee shall provide the requested records to the City Attorney for review prior to release, except for routine matters.
(Code 1976, § 2.58.030; Ord. No. 83-322, § 1(part), 1983) :::
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Sec. 2-493. Public access to records.
aExcept as provided in Section 2-495, any person has a right to inspect a record and to make or receive a copy of any record as provided in Wis. Stats. § 19.35(1).
bRecords will be available for inspection and copying during all regular office hours.
cA requester shall be permitted to use facilities comparable to those available to City employees to inspect, copy or abstract a record.
dThe legal custodian may require supervision during inspection or may impose other reasonable restrictions on the manner of access to an original record if the record is irreplaceable or easily damaged.
eA requester shall be charged a fee to defray the cost of locating and copying records as follows:
1The reasonable cost of photocopying charged to and paid by requesters shall be established and may be adjusted, from time to time, by the City Clerk-Treasurer.
2If the form of a written record does not permit copying, the actual and necessary cost of photographing and photographic processing shall be charged.
3The actual full cost of providing a copy of other records not in printed form on paper, such as films, computer printouts and audio or videotapes, shall be charged to the requester.
4If mailing or shipping is necessary, the actual cost thereof shall also be charged to the requester.
5There shall be no charge for locating a record unless the actual cost therefore exceeds $50.00, in which case the actual cost shall be determined by the legal custodian and billed to the requester.
6The legal custodian shall estimate the cost of all applicable fees and may require payment in advance, if the estimate exceeds $50.00.
7Elected and appointed officials of the City shall not be required to pay for public records they may reasonably require for the proper performance of their official duties.
fPursuant to Wis. Stats. § 19.34, and the guidelines therein listed, each authority shall adopt, prominently display and make available for inspection and copying at its offices, for the guidance of the public, a notice containing a description of its organization and the established times and places at which, the legal custodian from whom, and the methods whereby, the public may obtain information and access to records in its custody, make requests for records, or obtain copies of records, and the costs thereof.
(Code 1976, § 2.58.040; Ord. No. 83-322, § 1(part), 1983) :::
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Sec. 2-494. Access procedures.
aA request to inspect or copy a record shall be made to the legal custodian. A request shall be deemed sufficient if it reasonably describes the requested record or the information requested. However, a request for a record without a reasonable limitation as to subject matter or length of time represented by the record does not constitute a sufficient request. A request may be made orally, but a request must be in writing before an action to enforce the request is commenced under Wis. Stats. § 19.37. Except as provided below, no request may be refused because the person making the request is unwilling to be identified or to state the purpose of the request. No request may be refused because the request is received by mail, unless prepayment of a fee is required under Section 2-493(e)(6). A requester may be required to show acceptable identification whenever the requested record is kept at a private residence or whenever security reasons or federal law or regulations so require.
bEach custodian, upon request for any record, shall, as soon as practicable and without delay, either fill the request or notify the requester of the authority's determination to deny the request in whole or in part and the reason therefor. If the legal custodian, after conferring with the City Attorney, determines that a written request is so general as to be unduly time consuming, the party making the request may first be required to itemize his or her request in a manner which would permit reasonable compliance.
cA request for a record may be denied as provided in Section 2-495. If a request is made orally, the request may be denied orally unless a demand for a written statement of the reasons denying the request is made by the requester within five business days of the oral denial. If a written request is denied in whole or in part, the requester shall receive a written statement of the reasons for denying the request. Every written denial of a request shall inform the requester that if the request for the record was made in writing, then the determination is subject to review upon petition for a writ of mandamus under Wis. Stats. § 19.37(1), or upon application to the attorney general or the district attorney.
(Code 1976, § 2.58.050; Ord. No. 83-322, § 1(part), 1983) :::
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Sec. 2-495. Limitations on right to access.
aAs provided by Wis. Stats. § 19.36, the records that are exempt from inspection under this chapter include, but are not limited to, the following:
1Records specifically exempted from disclosure by state or federal law or authorized to be exempted from disclosure by state law;
2Any record relating to investigative information obtained for law enforcement purposes if federal law or regulations require exemption from disclosure or if exemption from disclosure is a condition to receipt of aids by the state;
3Computer programs, although the material used as input for a computer program or the material produced as a product of the computer program is subject to inspection; and
4A record or any portion of a record containing information qualifying as a common law trade secret.
bAs provided by Wis. Stats. § 43.30, public library circulation records are exempt from inspection under this section.
cAs provided by Wis. Stats. § 70.47(7)(af), as from time to time amended or renumbered, any and all income and expense data, information, forms and records pertaining to income method valuation and assessment of property provided by a property owner or possessor, or persons acting on his or her behalf to the City Assessor shall be kept confidential, except for persons using the information in the discharge of duties imposed by law or of the duties of the office or by order of a court. The information that is provided under this subsection, unless a court determines that it is inaccurate, is not subject to the right of inspection and copying under Wis. Stats. § 19.35(1) or any other City ordinance notwithstanding. In the event that a property owner or his or her agent or representative makes the information public by appearance or use at a Board of Review hearing, or makes the information public at any other time or place, then such information shall cease to be confidential and shall be considered public, in which event, the assessor and/or his or her staff, representatives and agents may use the information publicly for any purposes, including, but not limited to, at the Board of Review hearing and related proceedings without prior notice to the property owner or possessor.
dIn responding to a request for inspection or copying of a record which is not specifically exempt from disclosure, the legal custodian, after conferring with the City Attorney, may deny the request, in whole or in part, if he or she determines that the harm to the public interest resulting from disclosure would outweigh the public interest in full access to the requested record. Examples of matters for which disclosure may be refused include, but are not limited to, the following:
1Records of deliberations after a quasi-judicial hearing;
2Records of deliberations concerning employment, dismissal, promotion, demotion, compensation, performance, or discipline of any City officer or employee, or the investigation of charges against a City officer or employee, unless the officer or employee consents to such disclosure;
3Records concerning strategy for crime detection or prevention;
4Records of current deliberations or negotiations on the purchase or sale of City property, investing of City funds, or other City business whenever competitive or bargaining reasons require nondisclosure;
5Financial, medical, social or personal histories or disciplinary data of specific persons which, if disclosed, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such history or data;
6Communications between legal counsel for the City and any officer, agent or employee or the City, when advice is being rendered concerning strategy with respect to current litigation in which the City or any of its officers, agents or employees is or is likely to become involved, or communications which are privileged under Wis. Stats. § 905.03.
eIf a record contains information that may be made public and information that may not be made public, the legal custodian of the record shall provide the information that may be made public and delete the information that may not be made public from the record before release. The legal custodian shall confer with the City Attorney prior to releasing any such record. If in the judgment of the legal custodian and the City Attorney there is no feasible way to separate the exempt material from the nonexempt material without unreasonably jeopardizing nondisclosure of the exempt material, the entire record shall be withheld from disclosure.
fThere is no right to access to any record which has been legally destroyed pursuant to the provisions of Chapter 2, Article VIII, Division 3.
(Code 1976, § 2.58.060; Ord. No. 83-322, § 1(part), 1983) :::
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Sec. 2-496. Preservation through microfilm.
Any City officer, or the director of any department or division of City government, may keep and preserve public record in his or her possession by means of microfilm, PDF, or other photographic reproduction method. Such records shall meet the standards for photographic reproduction set forth in Wis. Stats. § 16.61(7)(a) and (b), and shall be considered preserved along with other files of the department or division, shall be open to public inspection and copying according to the provision of state law and of this chapter, and may be destroyed pursuant to the provisions of Chapter 2, Article VIII, Division 3.
(Code 1976, § 2.58.070; Ord. No. 83-322, § 1(part), 1983) :::
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Secs. 2-497---2-520. Reserved.
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DIVISION 3. PUBLIC RECORDS
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Sec. 2-521. Financial records.
City officers may destroy non-utility records of which they are the legal custodians and which are considered obsolete, after completion of any required audit by the Bureau of Municipal Audit or an auditor licensed under Wis. Stats. ch. 442, but not less than seven years after payment or receipt of any sum involved in the particular transaction, unless a shorter period has been fixed by the State Public Records Board pursuant to Wis. Stats. § 16.61(3)(e), and then after such shorter period.
(Code 1976, § 2.60.010; Ord. No. 82-308, (part), 1982) :::
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Sec. 2-522. Utility records.
City officers may destroy utility records of which they are the legal custodians and which are considered obsolete, after completion of any required audit by the Bureau of Municipal Audit or an auditor licensed under Wis. Stats. ch. 442, subject to state public Service Commission regulations, but not less than seven years after the record was effective, unless a shorter period has been fixed by the State Public Records Board pursuant to Wis. Stats. § 16.61(3)(e), and then after such shorter period, except that water stubs, receipts of current billings and customer's ledgers may be destroyed after two years.
(Code 1976, § 2.60.020; Ord. No. 82-308, (part), 1982) :::
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Sec. 2-523. Audio and video recordings.
City officers may destroy, erase, and/or reuse any audio or video recordings made for security purposes after 121 days if approved by the Public Records Board pursuant to Wis. Stats. § 16.61(3)(e) and the notice requirements are met in Section 2-525 unless waived by the State Historical Society of Wisconsin and the Rock County Historical Society. These recordings include, but are not limited to, police officer body cameras, bus surveillance video, N. Parker Drive parking garage surveillance video, Transit Center surveillance video, and/or similar video or audio recording devices at similar places, and/or upon any such medium or device.
(Code 1976, § 2.60.030) :::
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Sec. 2-524. Other records.
City officers may destroy any other records of which they are the legal custodian and which are considered obsolete, but not less than seven years after the record was effective unless another period has been set by statute, and then after such a period, or unless a shorter period has been fixed by the state Public Records Board pursuant to Wis. Stats. § 16.61(3)(e), and then after such a shorter period.
(Code 1976, § 2.60.040; Ord. No. 82-308, (part), 1982) :::
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Sec. 2-525. Historical society notification.
Prior to the destruction of any public record described in Sections 2-521, 2-522, 2-523, or 2-524 at least 60 days' notice in writing shall be given to the State Historical Society of Wisconsin and to the Rock County Historical Society.
(Code 1976, § 2.60.050; Ord. No. 82-308, (part), 1982) :::
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Sec. 2-526. Governmental meeting recordings.
Any audiotape recordings of a governmental meeting of the City may be destroyed, erased or reused no sooner than 90 days after the minutes of the meeting have been approved and published, if the purpose of the recording was to make minutes of the meeting.
(Code 1976, § 2.60.060; Ord. No. 83-322, § 3, 1983) :::
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Sec. 2-527. Electronic records management.
Chapter 12 of the Wisconsin Administrative Code (Wis. Admin. Code ch. 12) relating to electronic records management standards and requirements is hereby adopted and incorporated by reference as from time to time amended or renumbered.
(Code 1976, § 2.60.070) :::
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Sec. 2-528. Auto delete software.
No City elected or appointed official shall load or use auto delete software of any kind that auto deletes e-mails, text messages or other electronic messages, etc., on any devices of any kind, including, but not limited to, computers, tablet devices, phones, or cell phones, or on any social media site used for City work purposes regardless of where the software is located.
(Code 1976, § 2.60.080) :::
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Sec. 2-529. Limitation.
This chapter shall not be construed to authorize the destruction of any public record after a period less than prescribed by statute or State Administrative Regulations.
(Code 1976, § 2.60.090; Ord. No. 82-308, (part), 1982; Ord. No. 83-322, § 2, 1983) :::
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Chapter 10 BUILDINGS AND BUILDING REGULATIONS
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ARTICLE I. IN GENERAL
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Sec. 10-1. Adoption.
The Janesville Building Code on file in pamphlet form with the City Clerk is hereby adopted and made a part of this chapter. Every act, requirement, condition, obligation, regulation, standard, prohibition, rule, provision and mandate therein shall have the same force and effect as this chapter.
(Code 1976, § 15.01.010) :::
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Sec. 10-2. Scope.
The provisions of this Code shall govern the design, construction, alteration, demolition, and moving of all buildings and structures.
(Code 1976, § 15.01.020) :::
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Sec. 10-3. Title.
These regulations shall be known and cited as "Municipal Building Code;" and shall be construed to secure their expressed intent and to ensure public safety, health and welfare insofar as they are dependent upon building construction.
(Code 1976, § 15.01.030) :::
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Sec. 10-4. Adoption of Wisconsin Administrative Code.
The Wisconsin Administrative Code for One- and Two-Family Dwellings, also known as the Wisconsin Uniform Dwelling Code, including, but not limited to, SPS 320-325 and for Commercial Buildings, including, but not limited to, SPS 360-366, as from time to time amended or renumbered, is adopted by reference and made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by such code incorporated hereby by reference is required or prohibited by this chapter. This section adopts such other Wisconsin Administrative Codes as may supersede, supplant or in any way amend, modify, change or add to the Wisconsin Administrative Code as adopted above.
(Code 1976, § 15.01.040) :::
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Sec. 10-5. Application of code.
aAll buildings and structures hereafter erected, altered, repaired, moved or demolished that are used or designed to be used for the purpose herein defined shall comply in full with the requirements of this Code.
bZoning laws. No provision of this Code shall be construed to repeal, modify, or constitute an alternative to any lawful zoning regulations.
cOne- and two-family dwellings. The City's one- and two-family dwelling code and related City ordinances shall apply to new and existing one- and two-family dwellings, and to parts thereof, which are hereafter erected or altered. Residential detached garages and accessory buildings are subject to the Wisconsin Uniform Dwelling Code for One- and Two-Family Dwellings and are included within the scope of this Code.
dAll buildings and structures as specified in the Wisconsin Uniform Dwelling Code, SPS 320-325, shall conform to the applicable requirements of the Wisconsin Administrative Building Code and City of Janesville General Ordinances.
eAlterations and repairs. The following provisions shall apply to buildings altered or repaired:
1Alterations. When not in conflict with any regulations, alterations to any existing building or structure, accommodating a legal occupancy and use but of nonconforming type of construction, which involves either the structural members of floor or roofs, beams, girders, columns, bearings, or other walls, rooms, heating and air conditioning systems, arrangement, light and ventilation, changes in location of exit stairways or exits, or any or all of the above, then such altered construction shall be made to conform to the minimum requirements of this Code applicable to such occupancy and use and given type of construction.
2Repairs. Repairs for purpose of maintenance, or replacement in any existing building or structure which do not involve the structural portions of the building or structure, or which do not affect room arrangements, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection, or exterior aesthetic appearance and which do not increase a given occupancy and use, shall be deemed minor repairs and not subject to this Code.
3Alterations when not permitted. When any existing building or structure, which for any reason whatsoever does not conform to the regulations of this Code, has deteriorated from any cause whatsoever to an extent greater than 50 percent of its equalized assessed value, no alterations, remodeling, reconstruction, improvement or moving of such building or structure shall be permitted unless a compliance agreement, the terms and provisions of which are acceptable to the City Building Inspector and/or his or her designee and/or other appropriate City Code Official (the Building Official), has been entered into by the property owner and approved and entered into by the Building Official in accordance with Section 10-241. The compliance agreement is subject to the public safety and danger to the public determination of the Building Official. The City reserves and retains the right to either proceed under the original raze or repair order, condemnation order, or otherwise condemn the building or structure, order it razed or removed, raze and remove and/or cause the razing and removal of the building or structure if the City has not already done so in the event that the property owner at any time breaches or fails to comply with any of the provisions of the compliance agreement. The provisions of Section 10-241 are in addition to and not in lieu of the remedies for condemnation and/or razing/removal of old, unfit, dilapidated, damaged or deteriorated buildings and structures provided by law.
4Incorporated by reference. Also incorporated into this section by reference is Section 10-241 as if fully set forth verbatim herein.
5Alterations and repairs required. When any of the structural members of any building or structure have deteriorated from any cause whatsoever to less than their required strength, the owner of such a building or structure shall cause such structural members to be restored to their required strength; failing in which the building or structure shall be considered a menace to public safety and shall be vacated and thereafter no further occupancy or use of the same shall be permitted until the regulations of this Code are complied with.
6Extent of deterioration. The amount and extent of deterioration of any existing building or structure shall be determined by a registered professional engineer at the owner's expense if not in agreement with the Building Inspector's determination.
fRazing of buildings. The Building Director is hereby authorized to act for the municipality under the provisions of Wis. Stats. § 66.0413, relating to the razing of buildings and all acts amendatory thereof and supplementary thereto. The Municipal Treasurer is authorized to place the assessment and collect the special tax as therein provided.
(Code 1976, § 15.01.050) :::
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Sec. 10-6. Administration.
The Building Inspector, as certified by the Department of Safety and Professional Services, is authorized and directed to administer and enforce all of the provisions of the Wisconsin Administrative Code, including, but not limited to, Chapters SPS 320-325 and SPS 360-366.
(Code 1976, § 15.01.060) :::
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Sec. 10-7. Conflicting ordinances.
Wisconsin Administrative regulations supersede any conflicting local ordinance.
(Code 1976, § 15.01.070; Ord. No. 80-195, § 1(part), 1980) :::
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Sec. 10-8. Severability.
If any section, clause, provision, or portion of this chapter or Wisconsin Administrative Code Chapters is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall not be affected thereby.
(Code 1976, § 15.01.080; Ord. No. 80-195, § 1 (part), 1980) :::
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Sec. 10-9. Department of Public Works Building Division.
aThere is hereby established a department of the City Government to be known as the Building Division and shall include a Director, a Building Inspector, a Plumbing Inspector, a Heating Inspector, and Electrical Inspector and such other inspectors, clerks, and employees as the City Manager may from time to time appoint. Any and all such officers may be combined and held by the same person. The Director may also be known and referred to as the Building Official, Building Inspector, or Building Supervisor.
bDirector; creation of office; term; salary. There is hereby created the office of the Director. Such Director shall be appointed by the City Manager and shall hold office until removed by the City Manager or until his or her successor shall have been duly appointed and qualified; he or she shall receive such salary as prescribed by the City Manager subject to the approval of the Council.
cQualifications; powers; duties. The Director shall have an office in City Hall and shall not be financially interested, either directly or indirectly, in the construction of buildings or in the preparation of plans and specifications thereof or permanent equipment.
dThe Director shall have, except as otherwise provided in this chapter, the ability to manage and control all matters pertaining to the Building Division and shall possess the necessary qualifications and inspector certifications required by the City of Janesville and the State of Wisconsin to supervise the general construction of buildings and enforce the provisions of this Code. Such Director or his or her authorized assistants, shall have the power and authority, at all reasonable times, for any proper purpose, to enter upon any public or private premises and make inspection thereof and to require the production of the permit for any building, electrical, heating, or plumbing work or the required license therefor. Any person interfering with the said Director or his or her authorized assistants while in the performance of the duties prescribed in this chapter, shall forfeit and pay to the City the penalty hereafter provided.
eThe Director or his or her authorized assistants, may refuse to approve construction in any case in which the workmanship is not of workmanlike character. In the event that the defective work is satisfactorily corrected, he or she may then issue the required approval.
fRecords and reports. The Director shall keep a record of all permits. He or she shall keep a record, showing the number, description and size of all buildings erected during the term of his or her office, indicating the kind of materials used and the cost of all buildings of the various classes. He or she shall keep a record of all the inspections made and of all fees collected by him or her showing the date of their receipt and delivery to the City Treasurer. He or she shall make monthly reports and an annual report to the City Manager of the above matters.
gBuilding Inspector; creation of office; term; salary. There is hereby created the office of Building Inspector. Such inspector shall be appointed by the City Manager and shall hold office until removed by the City Manager or until his or her successor shall have been duly appointed and qualified; he or she shall receive such salary as prescribed by the City Manager, subject to the approval of the Council.
hQualifications; powers; duties. The Building Inspector shall possess the necessary qualifications and inspector certifications required by the City of Janesville and the State of Wisconsin to supervise the general construction of buildings and enforce the provisions of this Code. He or she shall not be financially interested, either directly or indirectly, in the construction of buildings or in the preparation of plans and specifications thereof.
iThe Building Inspector shall enforce all state laws, City ordinances and other lawful orders and regulations relating to the construction, alterations, repair, removal and safety of buildings and structures. Such inspector shall have the power and authority, at all reasonable times, for any proper purpose, to enter upon any public or private premises and make inspections thereof and to require the production of the building permit. Any person interfering with the said inspector while in the performance of the duties prescribed in this chapter, shall forfeit and pay to the City the penalty hereafter provided.
jInspections. No structural portion of any part of any building or structure shall be covered or concealed in any manner whatsoever without having the approval of the Building Inspector. Such approval shall be given only after an inspection has been made by the Building Inspector following notification by the permit holder or his or her agent. If any portion of the work is not approved by the Building Inspector, the permit holder or his or her agent shall be notified wherein the same fails to comply with the ordinances.
(Code 1976, § 15.01.090) :::
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Sec. 10-10. Permits.
aPermit required. No person, firm or corporation shall directly or indirectly erect or construct any building or structure nor add to, enlarge, improve, structurally alter, convert, extend, move, wreck, or demolish, any building or structure or cause the same to be done, without first having obtained a permit therefor from the Building Division as hereinafter provided. A permit from the Building Division shall also be required for the construction, reconstruction or expansion of an off-street parking lot, open storage lot or loading area as hereinafter provided. For purposes of this subsection, the term "reconstruction" shall be defined as removal of all the existing parking lot, open storage lot or loading area surface and base course to the subgrade. The term "open storage lot" means an unroofed area upon which are kept any goods, materials, merchandise, product, vehicles and other items.
bHistoric Overlay District. In addition to the permits required for alterations and changes which affect buildings, any structure included in any Historic Overlay District shall be required to obtain a building permit for the installation of siding, windows and removal of original architectural details representative of an architecture style, a unique design element or material; however, there shall be no permit fee required.
cApplication for permits. Applications for permits shall be made in writing upon a blank form to be furnished by the City and shall state the name and address of the owner of the building and the owner of the land on which the permit is issued, when necessary, the name and address of the designer, and shall set forth a legal description of the land on which the building is to be located, the location of said building on the lot, the house number thereof, and such other information as the Building Inspector may require. With such application, there shall be submitted to the Building Division two complete sets of plans, specifications and a copy of plot or survey.
dPlans and specification. All plans shall be drawn to a scale not less than one-fourth inch per foot, on paper or cloth in ink, or by some other process that will not fade or obliterate, and shall disclose the existing and proposed provisions for water supply, sanitary sewer connections and surface water drainage. All dimensions shall be accurately figured. Drawings that do not show all necessary detail shall be rejected. A complete set of plans for residential construction shall consist of:
1Foundation.
2All elevations.
3All floor plans.
4Complete construction details.
eAssurance. In no case shall the approval of plans and the issuance of a permit by the Building and Development Services Division be taken as assurance that the resulting construction has met or will meet the requirements of the Code.
fWaiver of some requirements. At the option of the Building Division, plans, data, specifications and survey need not be submitted with an application for permit to execute minor alterations and repairs to any building, structure or equipment, provided the proposed construction is sufficiently described in the application for permit.
gSeal of registered engineer or architect. All plans, data and specifications for the construction of any building or structure or for any construction in connection with existing buildings and structures, other than one- and two-family residences, containing more than 50,000 cubic feet, total volume, submitted with an application for permit, shall bear the seal of the registered architect or registered engineer. The plans shall also be stamped as approved as when required by the Department of Safety and Professional Services of the State of Wisconsin. Such building or structure shall be constructed under the supervision of an architect or engineer who shall be responsible for its erection in accordance with the approved plans. No permit shall be granted for such structure unless such construction will be under the supervision of an architect or engineer, as required by the Wisconsin Statutes. A written statement to this effect shall be filed by the architect or engineer, with the Building Division with the application for permit.
hDrainage.
1Grading of lots. The plans shall show the present and proposed grades of the lot on which it is proposed to erect the building for which a building permit is sought and of the immediately adjoining property in sufficient detail to indicate the surface water drainage before and after the completion of grading. No permit shall be issued if the erection of the building and the proposed grades shall unreasonably obstruct the natural flow of water from the surface of adjoining property or obstruct the flow of any existing ravine, ditch, drain or stormwater sewer draining neighboring property, unless suitable provision is made for such flow by means of an adequate ditch or pipe, which shall be shown on the plans and shall be constructed so as to provide continuous drainage at all times.
2Every lot, prior to initial occupancy, shall be so graded as to bring the site to sidewalk grade at the street right-of-way line.
3No water shall be discharged from any roof or conductor pipes upon any public walk, but shall be conducted underneath the walk in a manner approved by the Building Inspector.
iMoving damaged buildings. No building or other structure that is old, deteriorated, dilapidated, unfit for human habitation or has been damaged by any cause, (including such moving or separation from its foundation and service connections in case of moved buildings) shall be repaired, remodeled, reconstructed, improved, altered or moved within or into the municipality, where the estimated costs to repair the building or structure exceed 50 percent of the equalized assessed value of the building or structure without a building permit issued by the City. No building permit for such building or structure may be issued unless a compliance agreement, the terms and provisions of which are acceptable to the City Building Inspector, his or her designee and/or other applicable City Code Official (the Building Official), is entered into by the property owner and approved and entered into by the Building Official in accordance with Section 10-241. The compliance agreement is subject to the public safety and danger to the public determination of the Building Official. The City and/or the Building Official reserves and retains the right to not permit the movement of the building or structure within or into the City in the event that the property owner at any time breaches or fails to comply with any of the provisions of the compliance agreement. The provisions of Section 10-241 and the compliance agreement are in addition to and not in lieu of the remedies for condemnation and/or razing/removal of old, unfit, dilapidated, deteriorated and damaged buildings and structures provided by law.
jUnfit buildings or structures. Also incorporated into this section by reference is Section 10-241 as if fully set forth herein verbatim.
kBuilding Inspector to issue permit.
1If the Building Inspector finds that the proposed building will comply in every respect with this Code, other municipal ordinances, and all laws of the State of Wisconsin, and lawful orders issued pursuant thereto, he or she shall issue a building permit. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above-mentioned ordinances, laws or orders, or which involves the safety of the buildings, except with the written consent of the Building Inspector filed with such application.
2In case adequate plans are presented, the Building Inspector, at his or her discretion, may issue a permit for a part of the building before receiving the plans and specifications of the entire building. It shall be unlawful to commence work on any building or alteration before the building permit has been issued. The issuance of a permit upon the plans and specifications shall not prevent the Building Inspector from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations being carried on thereunder when in violation of any ordinance of the municipality or laws of the State of Wisconsin or lawful orders issued pursuant thereto.
3For the construction of buildings requiring approval of the Department of Safety and Professional Services no permit shall be issued until such approved plans are received by the Building Division.
4A card signed by the Building Inspector indicating the permit has been issued shall be protected from weather conditions and posted at the job site during construction. After issuance of a building permit, the approved plans shall not be altered unless any proposed change is first approved by the Building Inspector as conforming to the provisions of this Code.
5The building permit shall become void unless operations are commenced within four months from the date thereof, or if the building or work authorized by such permit is suspended at any time after work is commenced, for a period of 60 days.
6Before any work is commenced or recommenced after the permit has lapsed, a new permit shall be issued at the regular fee rate. In any event, the work required to construct any building shall be completed within 24 months from the date of issuance of the permit.
lInspector may revoke permits.
1The Building Inspector may revoke any permit, certificate of occupancy, or approval issued under the regulations of this Code and may stop construction or use of approved new materials, equipment, methods of construction devices, or appliances for any of the following reasons:
a. Whenever there is a violation of any regulation of this Code or of any other ordinance, law or lawful orders or Wisconsin Statutes relating to the same subject matter.
b. Whenever the continuance of any construction becomes dangerous to life or property.
c. Whenever there is any violation of any condition or provisions of the application for permit, or of the permit.
d. Whenever in the opinion of the Building Inspector there is inadequate supervision provided on the job site.
e. Whenever any false statement or misrepresentation has been made in the application for permit, plans, drawings, data specifications, or certified lot or plot plan on which the issuance of the permit or approval was based.
f. Whenever there is a violation of any of the conditions of an approval or occupancy given by the Building Inspector for the use of any new materials, equipment, methods of construction, devices, or appliances.
2The notice revoking a permit, certificate of occupancy, or approval shall be in writing and may be served upon the applicant for the permit, owner of the premises, and his or her agent, if any, and on the person having charge of construction.
3A revocation placard shall also be posted upon the building, structure, equipment, or premises in question by the Building Inspector.
4After the notice is served upon the persons as aforesaid and posted, it shall be unlawful for any person to proceed thereafter with any construction operation whatsoever on the premises, and the permit which has been so revoked shall be null and void, and before any construction or operation is again resumed, a new permit, as required by this Code, shall be procured and fees paid therefor, and thereafter the resumption of any construction or operation shall be in compliance with the regulation of this Code.
(Code 1976, § 15.01.100) :::
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Sec. 10-11. Materials and drainage.
aAll buildings and premises shall be kept reasonably clean, and shall also be kept reasonably free from any accumulation of materials or other matter during construction.
bAll rainwater shall be so drained and conveyed therefrom to prevent dampness in the walls and ceilings.
(Code 1976, § 15.01.110) :::
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Sec. 10-12. Moving buildings.
aPermit required. It shall be unlawful to move any building across or along any street or alley in the City of Janesville without first having secured a permit to do so from the Building Division.
bCompliance agreement required; term of one year. If the property owner chooses to repair a building or structure in a situation in which a raze or repair order has been issued, and if a compliance agreement, the terms and provisions of which are acceptable to the City Building Inspector or his or her designee and/or other appropriate City Code Official (the Building Official), has been entered into by the property owner and approved and entered into by the Building Official in accordance with Section 10-241, the maximum term for the compliance agreement is one year from the date that the property owner is first notified of the violation. This requirement shall supersede the regular building permit requirement set forth elsewhere in the City's ordinances requiring that all work should be completed within two years. The compliance agreement is subject to the public safety and danger to the public determination of the Building Official. The City reserves and retains the right to either proceed under the original raze or repair order, condemnation order, otherwise condemn the building or structure and/or order it razed and removed, raze and remove, and/or cause the razing and removal of the building or structure in the event that the property owner at any time breaches or fails to comply with any of the provisions of the compliance agreement. The provisions of Section 10-241 are in addition to and not in lieu of the remedies for condemnation and/or razing/removal of old, unfit, dilapidated, damaged or deteriorated buildings and structures provided by law.
cIncluded by reference. Also incorporated into this section by reference is Section 10-241 as if fully set forth verbatim herein.
dRestrictions. No building or structure shall be moved into or within the City limits and relocated in any district regardless of the present development of the area, which in the opinion of the Building Inspector due to architectural, structural or other characteristics, would tend to substantially depreciate other property in the immediate vicinity immediately or in its development in the future. Any such restrictive ruling of the Building Inspector may be appealed to the Building Zoning Board of Appeals.
eBond required. Before a permit to move any building on the streets is granted by the Building Inspector, the party applying for a permit shall first secure and file with the City Clerk public liability insurance protecting the City of Janesville against any claim, suit, or judgment and cost and expenses and agreeing to save the City harmless against all such claims, suits or judgments and cost in the following amounts:
1Property damage$100,000.00
2Liability-for injury to one person$500,000.00
3Liability-arising out of one accident$1,000,000.00
fThis article shall not be construed as assuming any liability on the part of the City for damages to any one injured or any property destroyed or damaged by any defect in any building or equipment or any electrical wiring or equipment.
gIn addition to the above requirement relative to insurance, any party applying for a permit shall also file a surety bond in the amount of $10,000.00 conditioned on paying for any damage which may be done to any City street or City property of any kind which may be damaged in connection with preparing for or the moving of the building.
hA one-story building not over 12 feet in width and not to exceed 22 feet in length, which can be moved by placing it on a truck, may have a permit issued for such moving without filing the above required liability insurance or bond, provided the owner of the truck doing the moving has in force adequate liability insurance covering his or her vehicle and bearing an endorsement including the City of Janesville as co-insured. Before any building is moved on a truck, following the issuance of the permit, the Police Department shall be notified of the location, time of moving and the route to be taken.
iRoute to be taken. Every application for a permit to move a building on the streets shall set forth in detail a description of the building proposed to be moved and of the route proposed to be followed in moving said building.
jRoute to be approved. No permit shall be granted by the Building Inspector authorizing the moving of any building until the City Engineer has approved in writing the route to be followed in the moving of such building. In every instance the approved route must be followed.
kReduction in the size of building. The Building Inspector is hereby authorized to make his or her approval conditional upon the reduction in size of the building to be moved in every case where, in his or her judgment, such reduction of said building will aid in preserving the condition of the trees or other vegetation. And in every case, such building shall be reduced in size before being placed upon the street.
lGeneral requirements. Every moving permit hereafter issued shall be construed as demanding the fulfillment of the following requirements whether stated in such permit or not.
1Every permit to move a building shall state the conditions to be complied with, designate the route to be taken and limit the time for removal.
2The moving of any building along any street or alley shall be carried on without interruption during working hours.
3In the moving of any building along busy or crowded streets or alleys, the Building Inspector may require the moving of such building to be carried on at night time as well as day time or at night time only in order to complete the moving process with the least possible obstruction of said streets or alleys.
4Every person to whom a permit is issued for moving any building shall notify the Building Inspector when actual work of moving is to be commenced.
5In every case where it shall be necessary to trim any trees along the route, such trimming or removal shall be done under the supervision of the Public Works Department.
6No building shall be allowed to remain overnight upon any street crossing or intersection or so near thereto as to prevent easy access to any fire hydrant.
7A red light shall be attached to every building being moved along a street during the period from sunset to sunrise. Said lights shall be attached to said building, one at each corner and in every case lights shall not be placed farther apart than 12 feet.
8Every person who has moved a building, as provided in this article, shall report within one day after said building has reached its destination. The Building Inspector shall thereupon inspect the streets and alleys over and along which said building has been moved.
9Said Building Inspector shall report to the person to whom the permit was issued the damages ascertained by such inspection. It shall be the duty of such permit holder to repair such damage forthwith. In every case where such permit holder shall fail to repair such damage to the satisfaction of the Building Inspector, said Building Inspector shall cause such damage to be repaired and charge the same against such permit holder.
10In any case where a building is moved, leaving an open basement, such basement shall be immediately filled in to grade level, except that it may be protected by being completely and adequately fenced in for a period of not to exceed 60 days, after which it shall be filled in by the owner, failing which, it shall be declared a public nuisance and shall be filled in by the City and cost thereof assessed against the property and added to the tax rolls. (Sections 34-124 and 34-125.)
11Sewer laterals. In any case where the use of a sewer lateral is discontinued due to moving or demolishing a building, such lateral shall be cut off and properly plugged at the curbline, by a licensed plumbing contractor, with proper permit.
12Water laterals. In any case where the use of a water lateral is discontinued, due to moving or demolishing a building, such lateral shall, if lead or copper, be cut off and plugged at the curbline; and if such lateral is iron, this shall be plugged at the main.
(Code 1976, § 15.01.120) :::
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Sec. 10-13. Fees.
aBuilding permit fees. Building permit fees shall be in amounts as established by the City Council from time to time.
1Re-inspection and after-hours inspection fee (per inspection).
a. At the inspectors discretion, a re-inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects if the work for which an inspection is requested is not complete so as to be ready for an inspection, or if the work is complete but not in conformance with the applicable Building Code requirements and the work is still not in conformance with the applicable code requirements upon re-inspection. The property owner or general contractor shall be notified of any re-inspection fee due at the time the occupancy inspection is requested. Such fees shall be paid prior to an occupancy inspection. The re-inspection and after-hours inspection fees shall be in amounts as established by the City Council from time to time.
b. An after-hours inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects when the inspection is performed at a time outside of normal business hours of the Building Division.
2Exceptions. Accessory buildings, swimming pools, hot tubs/spas and fences.
3Failure to obtain a permit prior to commencement of work will result in a penalty of $100.00 or double the permit fee, whichever is greater, but in no event shall the penalty exceed $2,000.00. Such penalty shall be paid in addition to the customary permit fee.
bHVAC Permit Fees; definitions.
Commercial group 1. This group shall include new and additions to: general offices, barber shops, beauty parlors, bowling alleys, dry cleaning establishments, clinics, natatoriums, shelters, hotels and motels, taverns, restaurants, cafeterias, retail establishments, where manufactured products are bought and sold, repair garages, service stations, churches, assembly halls, theaters, exhibition buildings, educational institutions, hospitals, nursing homes, places of detention, gymnasiums, arenas, laboratories, lodge halls, funeral homes, libraries, skating rinks, dance halls, armories, and vehicle storage garages.
Commercial group 2. This group shall include new and additions to: warehouses, freight terminals, storage buildings, refrigeration storage, factories, machine shops, transformer vaults, sewage treatment plants, heating plants, steam and electric generating plants and other buildings not classified in groups 1 and 2.
1HVAC permit fees shall be in an amount as established by the City Council from time to time.
2Re-inspection and after-hour inspection fee (per inspection).
a. At the inspectors discretion, a re-inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects if the work for which an inspection is requested is not complete so as to be ready for an inspection, or if the work is complete but not in conformance with the applicable Building Code requirements and the work is still not in conformance with the applicable code requirements upon re-inspection. The property owner or general contractor shall be notified of any re-inspection fee due at the time the occupancy inspection is requested. Such fees shall be paid prior to an occupancy inspection. The re-inspection fee shall be in an amount as established by the City Council from time to time.
b. An after-hour inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects when the inspection is performed at a time outside of normal business hours of the Building Division.
3Failure to obtain a permit prior to commencement of work will result in a penalty of $100.00 or double the permit fee, whichever is greater, but in no event shall the penalty exceed $2,000.00. Such penalty shall be paid in addition to the customary permit fee.
4Square footage definition.
a. New and additions.
Square footage. Outside dimension of useable building area length × width (Useable means floor area with at least a four-foot ceiling height).
b. Interior alterations.
Square footage. Inside dimensions of room length × width.
cResidential electrical permit fees.
1Residential electrical permit fees shall be in amounts as established by the City Council from time to time.
2Re-inspection and after-hours inspection fee (per inspection).
a. A re-inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects if the work for which an inspection is requested is not complete so as to be ready for an inspection, or if the work is complete but not in conformance with the applicable Building Code requirements and the work is still not in conformance with the applicable code requirements upon re-inspection. The property owner or general contractor shall be notified of any re-inspection fee due at the time the occupancy inspection is requested. Such fees shall be paid prior to an occupancy inspection. The re-inspection fee shall be in an amount as established by the City Council from time to time.
b. An after-hour inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects when the inspection is performed at a time outside of normal business hours of the Building Division.
3Failure to obtain a permit prior to commencement of work will result in a penalty of $100.00 or double the permit fee, whichever is greater, but in no event shall the penalty exceed $2,000.00. Such penalty shall be paid in addition to the customary permit fee.
dCommercial electrical permit fees.
1Commercial electrical permit fees shall be in amounts as established by the City Council from time to time.
2Re-inspection and after-hour inspection fee.
a. At the inspectors discretion, a re-inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects if the work for which an inspection is requested is not complete so as to be ready for an inspection, or if the work is complete but not in conformance with the applicable Building Code requirements and the work is still not in conformance with the applicable code requirements upon re-inspection. The property owner or general contractor shall be notified of any re-inspection fee due at the time the occupancy inspection is requested. Such fees shall be paid prior to an occupancy inspection. The re-inspection fee shall be in an amount as established by the City Council from time to time.
b. An after-hour inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects when the inspection is performed at a time outside of normal business hours of the Building Division.
3Failure to obtain a permit prior to commencement of work will result in a penalty of $100.00 or double the permit fee, whichever is greater, but in no event shall the penalty exceed $2,000.00. Such penalty shall be paid in addition to the customary permit fee.
ePlumbing permit fees.
1Residential plumbing permit fees shall be in amounts as established by the City Council from time to time.
2Guidelines and criteria for plumbing permits.
a. Permit fees will be charged and must be paid with plan submission per [section] 10-13.
b. The following are subject to permit fees:
1. All new fixtures and appliances, as indicated on the application form furnished the applicant, including water heaters, storm inlets, roof drains, and hose bibs;
2. All plugged or capped openings left for future installation of fixtures;
3. When any change is made in the water, soil, waste or vent piping which necessitates the resetting of any plumbing fixture or appliance, each fixture so affected;
4. All building sewers (sanitary), building sewers (storm) and water services;
5. Clear water, water only, water and wastewater, or wastewater only meters and related piping.
3Re-inspection and after-hour inspection fee.
a. At the inspectors discretion, a re-inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects if the work for which an inspection is requested is not complete so as to be ready for an inspection, or if the work is complete but not in conformance with the applicable Building Code requirements and the work is still not in conformance with the applicable code requirements upon re-inspection. The property owner or general contractor shall be notified of any re-inspection fee due at the time the occupancy inspection is requested. Such fees shall be paid prior to an occupancy inspection. The re-inspection fee shall be in an amount as established by the City Council from time to time.
b. An after-hour inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects when the inspection is performed at a time outside of normal business hours of the Building Division.
4Residential and commercial plumbing plan approval.
a. Plumbing plan approval required for the following installations:
1. New installations, addition and alteration involving six or more fixtures, to be installed in public buildings.
2. Grease interceptors to be installed for public buildings.
3. Garage catch basins and oil interceptors to be installed in public buildings.
4. Automatic car wash facilities.
5. Sanitary dump station.
b. Fees for plumbing plan shall be in amounts as established by the City Council from time to time.
5Failure to obtain a permit prior to commencement of work will result in a penalty of $100.00 or double the permit fee, whichever is greater, but in no event shall the penalty exceed $2,000.00. Such penalty shall be paid in addition to the customary permit fee.
(Code 1976, § 15.01.140; Ord. No. 2017-708, § I, 11-27-2017; Ord. No. 2018-741, § I, 11-26-2018; Ord. No. 2024-899, § II, 9-9-2024) :::
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Sec. 10-14. Permit fees.
aPermit fees shall be charged and must be paid with plan submission per [section] 10-13.
bThe following are subject to permit fees:
1All new fixtures and appliances, as indicated on the application form furnished by the applicant, including water heaters and softeners;
2All plugged or capped openings left for future installation of fixtures;
3When any change is made in the water, soil, waste or vent piping which necessitates the resetting of any plumbing fixture or appliance, each fixture so affected;
4All building sewers (sanitary), building sewers (storm) and water services;
5Clear water, water only, water and wastewater, or wastewater only meters and related piping;
6Plumbing plan approval and review per State of Wisconsin Plumbing Code for agent municipality.
(Code 1976, § 15.01.150; Ord. No. 2024-899, § III, 9-9-2024) :::
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Sec. 10-15. Unusual construction.
When applications for unusual technical design or magnitude of construction are filed, the Building Inspector may refer such plans and specifications to the Department Safety and Professional Services, State of Wisconsin, Safety and Building Division for analysis and recommendations as to the safety of design in compliance with this Code.
(Code 1976, § 15.01.160) :::
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Sec. 10-16. Inspections and appeals.
aInspections to be conducted as prescribed by Wis. Admin. Code chs. SPS 320 and 361. An occupancy inspection must be conducted prior to the building being occupied or used for business activity.
bCoordinated inspections. All provisions of the laws and regulations of the municipality, and of legally adopted rules of local fire and health officials in respect to the operation, equipment, housekeeping, fire protection, handling and storage of flammable materials, liquids and gases and the maintenance of safe and sanitary conditions of use in occupancy in all buildings shall be strictly enforced by the administrative officials to whom such authority is delegated. Whenever inspection by any authorized enforcement officer discloses any violation of the provisions of this Code, or of any other rules, regulations, or laws, he or she shall immediately notify the administrative officer having jurisdiction of the violation.
cCertified report. The Building Inspector may require a certified report of all required inspections as regulated by this Code from the registered architect or registered engineer supervising the construction of any building, structure, or equipment requiring their supervision. Such certified report shall state in detail that all construction work has been executed in accordance with all of the regulations of this Code, approved plans, specifications, terms of the permit, and data filed with the application for permit, and further that such construction work was executed in accordance with accepted architectural and engineering standard procedures.
dAny person feeling himself or herself aggrieved by any order or ruling of the Building Inspector may appeal from such ruling within 20 days after written notice of such ruling has been delivered to him or her. The appeal must be made to the appropriate body having power to grant a variance as follows:
1New one- and two-family dwellings shall be appealed to the State of Wisconsin, Department of Safety and Professional Services.
2Buildings and structures under jurisdiction of the Wisconsin Administrative Building Code shall be appealed to the State of Wisconsin Department of Safety and Professional Services.
3City of Janesville Building Code section shall be appealed to the Zoning Board of Appeals.
(Code 1976, § 15.01.170) :::
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Sec. 10-17. Stop-work order.
Whenever the provisions of this Code or of the plans approved thereunder are not complied with, a stop-work order shall be served on the owner or his or her representative and a copy thereof shall be posted at the site of the construction. Such stop-work order shall not be removed except by written notice of the Building Inspector after satisfactory evidence has been supplied that the violation has been corrected.
(Code 1976, § 15.01.180) :::
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Sec. 10-18. Certificate of occupancy.
aInspections.
1The Building Inspector shall make a final inspection of all new buildings, additions, and alterations. If no violations of this or any other ordinances are found, the Building Inspector shall issue a certificate of occupancy, stating the purpose for which the building is to be used.
2No building, nor part thereof, shall be occupied until such certificate has been issued, nor shall any building be occupied in any manner which conflicts with the conditions set forth in the certificate of occupancy.
bUse discontinued.
1Whenever any building or portion thereof is being used or occupied contrary to the provisions of this Code, the Building Inspector shall order such use or occupancy discontinued and the building or portion thereof vacated, by notice served on any person using or causing such use or occupancy to be continued and such person shall vacate such building or portion thereof within ten days after receipt of the notice or make the building or portion thereof comply with the requirements of this Code.
2Any building, structure, or premises, or any part thereof, hereafter vacated or damaged by any cause whatsoever, so as to jeopardize public safety or health, shall not hereafter be occupied or used under an existing certificate of occupancy or without the same, until an application has been filed and a new certificate of occupancy issued. Subsection (b) of this section shall not apply to buildings used entirely for dwelling purposes.
cChange of use or occupancy. It shall be unlawful to change the use or occupancy of any building, structure, premises, or part thereof without first obtaining from the Building Inspector an approval of such change in the use or occupancy, and a Certificate of Occupancy therefor. Change in ownership of business or building requires obtaining a new certificate of occupancy. However, the Building Inspector shall not issue a Certificate of Occupancy for a change of use to a community living arrangement without first receiving proof that the applicant has given written notice of the proposed establishment to neighbors within 200 feet of the proposed community living arrangement, measured from the property line. The written notice to neighbors shall include as a minimum all the following information:
1The type of classification of clientele to be served by the community living arrangement (CLA);
2The number of clients to be housed;
3The location by address;
4The name of the operator of the CLA;
5The name of the individual who can be contacted regarding the facility along with a telephone number;
6Information regarding the establishment of a community advisory committee;
7Information about the statutory review by the Council in 11 to 13 months after initial licensure, including information about how to make a request for such review;
8Information about the procedure used to license community living arrangements, explaining that the Department of Health and Social Services has responsibility for determining the qualifications of the applicant and the premises.
dHardship. The Building Inspector shall have the authority and power to permit the occupancy of any building or structure in the municipality without there having first been obtained an occupancy permit, in all such cases of hardship as in his or her judgment and discretion warrant occupancy before the final stage of completion as set out in this Code, but in no event shall such permission be granted where the estimated cost of the completion exceeds $1,000.00. Before granting such permission, the Building Inspector shall first examine the premises and estimate the cost of completion of such building or structure; and shall determine the time within which such building or structure can be completed; and shall require its owner to post a cash bond in the amount of the estimated cost of completion of such building or structure or a surety bond in an amount double the estimated cost of completing the building or structure. The fixed period of time within which to complete the building or structure shall be set, but in no event shall it exceed 120 days. In the event of failure of the owner of such building or structure to comply with the terms of such obligations, the City shall be permitted to declare such bond forfeited. Thereupon, the Building Inspector shall arrange to have such building completed without delay with the funds available from the proceeds of the bond.
eTemporary certificate of occupancy. Due to weather conditions preventing completion of the site plan requirements, a temporary certificate of occupancy may be issued for a time period determined by the Building Inspector.
(Code 1976, § 15.01.190; Ord. No. 77-56, § 1, 1977; Ord. No. 84-398, 1984) :::
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Sec. 10-19. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory building means a building that is less than or equal to 120 square feet, is incidental and subordinate to the principal building, serves the principal building exclusively, and is detached from but located on the same lot with such principal building.
Addition means any new construction whereby an existing building or structure, or building or structure in course of construction, is increased in area, or cubical content.
Adjoining lot line means the line between adjoining lots, plots of land, or parcels of land of different or same ownership.
Alteration means any change, or modification in construction or occupancy.
Established grade means the grade of the street as established by ordinance at the center line of the street.
Existing means a building, structure, equipment, or premises completed or in course of construction, or used or occupied, and for which a legal permit has been issued prior to the effective date of this Code.
Garage means a building or portion thereof that is greater than 120 square feet in area and in which a motor vehicle or equipment containing gasoline, distillate, or other volatile flammable liquid in its tank may or may not be stored, prepared, or kept. A garage may also allow storage of other vehicles (including electric vehicles), tools, gardening equipment, or other vehicle or equipment that includes gasoline or other volatile flammable liquid in its tank.
Occupancy or use means the purpose for which a building, structure, equipment, materials or premises or part thereof is used or intended to be used as regulated by this Code.
Open storage lot means an unroofed area upon which are kept any goods, materials, merchandise, product, vehicles and other items.
Principal building means a single main building or structure on a lot for specific use or occupancies.
Repair means the reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The word "repair" shall not apply to any change of construction.
Required means mandatory by the provisions of this Code.
Shall. The term "shall," as used herein, is mandatory. The term "must" is also mandatory.
Unusual construction means any construction methods or materials not covered in this Code.
(Code 1976, § 15.01.200) :::
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Sec. 10-20. Receptacles for remote water meter registers.
In every newly constructed dwelling having a 1½ inch or smaller water meter, there shall be installed a receptacle for a remote water meter register. The receptacle shall be located in the front of the dwelling along a walk or driveway as near to the meter as possible, and between 1½ feet and three feet above the foundation. The receptacle shall be a single gang switch box mounted horizontally. A thin wall or equivalent conduit one-half inches shall be extended from the receptacle inside the dwelling to a point below the basement ceiling line.
(Code 1976, § 15.01.210; Ord. No. 78-89, § 1, 1978) :::
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Sec. 10-21. Soils.
aLoads. The permissible loads in tons per square foot on natural earth shall not exceed the bearing capacity shown in the following table.
Type of Soil or Rock Bearing Capacity Tons/Square Feet Quick sand, alluvial and filled soils, determined by tests but not more than ½ Soft clay, sandy loam, or silt 1 Ordinary clay 2 Clay or fine sand, firm and dry 3 Gravel and coarse sand, well packed 5 Hard pan or shale 6 Rock Not more than 20 percent of the ultimate crushing strength of such rock
bBorings and tests.
1When required. In the absence of satisfactory data from immediately adjacent areas, the owner or applicant shall make borings, test pits, or other soil investigations at such locations and to sufficient depths of the bearing materials to the satisfaction of the Building Inspector.
2Soil samples. Samples of the strata penetrated in test borings or test pits, representing the natural disposition and conditions at the site, shall be available for examination of the Building Inspector.
3Varying soil values. When test borings indicate non-uniformity of bearing materials, a sufficient number of additional borings shall be made to establish strata levels of equal bearing capacity.
4Costs of tests. When the safe sustaining power of the soil is in doubt, the Building Inspector shall direct that the necessary borings or tests be made by and at the expense of the applicant and under the supervision of the Building Inspector to determine the safe value.
cSoil test procedure.
1Soil test method. The test procedure and testing apparatus shall be approved by the Building Inspector before they are used; and a complete record of the test together with a record of the soil profile shall be filed by the licensed engineer or architect.
2Loaded area. If results of soil tests by boring are in doubt as to safe sustaining power, the Building Inspector may require tests by loaded area method. The loaded area shall be approximately four square feet for all bearing materials; except that when the footing overlies wet clay or other soft materials, the test load shall be applied to an area of not less than ten square feet.
3Recorded settlements. Loads shall be applied in continuous increments of not more than one-quarter of the proposed safe load. When the proposed load has been reached, it shall remain undisturbed and readings shall be recorded to determine the rate of settlement until the settlement in eight consecutive hours is less than 0.01 inches. A 50 percent excess load shall than be applied and allowed to remain in place until the rate of settlement is less than 0.01 inches in 24 hours.
4Accuracy of loading. Tests loads applied by mechanical devices shall be automatically controlled so as to ensure not more than five percent variation in applied load. Such devices shall be calibrated prior to the test.
5Test acceptance. The load settlement shall be represented diagrammatically, and no test shall be deemed satisfactory if the net settlement after removal of the test load exceeds 0.01 inches per ton of gross load applied.
(Code 1976, § 15.01.220) :::
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Sec. 10-22. Footings and foundations.
aOne- and two-family foundations and footings shall be designed and constructed to conform with the construction standards set forth in the Wisconsin Administrative Code.
bAll public buildings foundations and footings shall be designed and constructed to conform with the construction standards set forth in the Wisconsin Administrative Code.
cAccessory buildings (in permitted zoning districts) less than or equal to 120 square feet are exempt from footing and foundation requirements. They may be constructed on a floating slab at the discretion of the property owner.
(Code 1976, § 15.01.240) :::
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Sec. 10-23. Masonry precautions.
All masonry shall be protected against freezing for not less than 48 hours after installation and shall not be constructed below 28 degrees Fahrenheit on rising temperatures or below 36 degrees Fahrenheit on falling temperatures without temporary heated enclosures or without heating materials or other approved precautions necessary to prevent freezing. No frozen materials shall be used or shall frozen materials be built upon. In warm weather, all clay or shale units of high absorption characteristics shall be thoroughly wet before laying in the wall. All other masonry units, except gypsum units, laid in other than lime mortar, shall be wetted before laying in the wall if the absorption resulting from partial immersion in one-eighth inch of water for one minute is less than one percent. All masonry construction shall be adequately braced and supported to ensure its stability during construction.
(Code 1976, § 15.01.245) :::
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Sec. 10-24. Garages; general requirements.
aDefinitions. 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:
Attached garage means a garage which meets or exceeds one or more of the following:
1Attached directly to the principal building;
2Attached to the principal building by means of an enclosed or open breezeway, porch, terrace, or vestibule, constructed so as to form an integral part of the principal building;
3Constructed in the basement of the principal building;
4Situated less than five feet from any point of the principal building and/or attached deck;
5Situated so that any portion of any garage wall lies on or in front of an imaginary line extending across the lot (said line being five feet in back of and parallel to the closest rear wall of the principal building or attached deck), and at least one garage wall is less than ten feet from any other wall of the principal structure.
{width="3.3335in"
height="2.8193in"}
Detached garage means a garage entirely separated from the principal building and which meets or exceeds one or more of the following:
1Situated so that any portion of any garage wall lies on or to the rear of any imaginary line extending across the lot (said line being five feet in back of and parallel to the closest rear wall of the principal building or attached deck) and all other garage walls are ten feet (or five feet if a firewall is provided in accordance with the Wisconsin Uniform Dwelling Code) or more from any other wall of the principal building.
2Situated so that any portion of any garage wall lies on or in front of an imaginary line extending across the lot (said line being five feet in back of and parallel to the closest rear wall of the principal building or attached deck) and all other garage walls are ten feet (or five feet if a firewall is provided in accordance with the Wisconsin Uniform Dwelling Code) or more from any other wall of the principal building.
{width="3.3335in"
height="3.111in"}
Living area means the gross floor area of living space within the principal building, excluding porches, decks, breezeways, garages, and basements, regardless of whether or not these areas are finished.
bSize.
1Detached garages shall not be constructed larger than 750 square feet in area.
2Attached garages shall not be constructed larger than the gross living area of the principal building, excluding porches, decks, breezeways, and basements, regardless of whether or not these areas are finished.
cFoundations and footings.
1Attached private garages shall be provided with the same type footings and foundations as required herein for the principal building.
2Detached private garages may be built with a continuous floating slab of reinforced concrete not less than four inches in thickness. In place of footings, the perimeter edges of the slab shall be thickened to a minimum of eight inches by 12 inches. Reinforcement shall be a minimum of six inches by six inches No. ten by ten wire mesh. Bolts one-half inch in diameter with nuts and washers attached, six inches long, shall be embedded five inches in the concrete curb of detached garages at a maximum spacing of 72 inches apart or other methods approved by the Building Department.
dFloor surface. The floor in all private garages shall be of concrete construction. No openings or pits in the floor shall be permitted, except for drainage to the sanitary sewer system. Discharge to grade is prohibited per Wisconsin Administrative Code Chapter SPS 382.38-1 note b. which is adopted and incorporated verbatim as if fully set forth herein, as from time to time amended or renumbered.
eConstruction. Garages, whether attached or detached, shall be constructed in compliance with the Wisconsin Uniform Dwelling Code, SPS 320-325, Wisconsin Administrative Code. Residential detached garages and accessory buildings are included in the scope of this Code. Commercial detached garages are required to meet the standards of the Wisconsin Commercial Building Code.
fHeating equipment in attached and detached garages or accessory buildings shall comply with the standards as set forth in the Wis. Admin. Code, SPS 323.
(Code 1976, § 15.01.250; Ord. No. 2020-782(15.01.250), § I, 2-10-2020) :::
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Sec. 10-25. Mobile offices.
aMobile offices may be used as construction offices during construction.
bMobile offices are not to be permanent buildings and shall never be used or permitted for permanent use. The use of a mobile office is allowed for a period not to exceed 12 months in business and industrial zoning districts during the expansion of existing buildings on the same parcel. A building permit must be obtained for the project prior to the mobile office being occupied. Location must be approved by the Building Official. No other mobile offices are permitted for business purposes anywhere.
(Code 1976, § 15.01.260) :::
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Sec. 10-26. New materials and methods.
All new materials, methods of construction, devices and equipment shall be approved by the Department of Safety and Professional Services, State of Wisconsin, or such other committee as may be established by this article or other local ordinances.
(Code 1976, § 15.01.270) :::
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Sec. 10-27. Swimming pools; general.
aAny outdoor swimming pool, hot tub or spa shall be constructed, equipped and maintained in such manner as to meet the requirements of the State Board of Health and the applicable Codes of the City of Janesville.
bEvery outdoor swimming pool, hot tub and spa with a side wall height of, or capable of a height of greater than 30 inches shall be enclosed with a fence or wall, not less than four feet in height and of such design and construction that it cannot be climbed through or over or under. Fencing that is chainlink shall be constructed of not less than 13 gauge corrosion resistant wire or other equivalent material and the fence posts shall be decay and corrosion resistant, set in concrete bases. Entrance shall be by means of a suitable gate or door or the same construction and height as the enclosure, which gate or door shall be kept closed and securely locked at all times when adequate supervision is not inside or within the enclosure. These requirements shall apply to outdoor swimming pools whether permanent or temporary.
1Location. No portion of a pool or equipment, located outside a building shall be located less than eight feet from any side or rear property line, nor less than 30 feet from any property line having street frontage.
2Excepted from the requirement of a fence enclosure not less than four feet in height shall be those spas and hot tubs which have a locking cover constructed of sturdy material and in compliance with the ASTM F1346 standard, which cover shall be in place and locked when the hot tub or spa is not in use.
3Excepted from the requirement of a full fence enclosure are aboveground pools with side walls of greater than four feet in height which include a rail of at least 12 inches above the top of the pool and a secured entry into the pool. A lockable deck with gate or lockable ladder are secured entries.
4Excepted from the requirement of a full fence enclosure are non-pool structures, such as Koi ponds.
5Permit. A City pool permit is required for pools which are greater than 30 inches in height.
6Electrical connections serving pool pumps shall be installed in accordance with State of Wisconsin and National Electrical Code requirements. (The use of electrical extension cords is not allowed.)
(Code 1976, § 15.01.280; Ord. No. 2018-727, §§ I, II, 7-23-2018) :::
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Sec. 10-28. Canopies and marquees and awnings.
aDefinitions. 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:
Awning means a temporary shelter extending from part or all of the building wall and composed of non-rigid materials except for the supporting framework.
Canopy or marquee means a permanent roof-like shelter extending from part or all of the building wall and constructed of some durable, rigid material such as metal, glass or plastic.
bAny canopy or marquee erected hereafter on any building shall conform to the following provisions:
1Any canopy or marquee shall have at least ten feet of clearance between the grade of the sidewalk at any point and the lowest point of any projection or appendage of any such canopy or marquee. No part of any canopy or marquee shall extend further over the sidewalk than a point within three feet of the vertical plane straight up from the curb.
2Any canopy or marquee shall be constructed entirely of incombustible materials throughout, shall be suspended from the building with no supports resting upon the sidewalk or public highway, shall slope and drain toward the building and shall be provided with conductors connected in such a manner that no water is discharged on any sidewalk.
3Any sign or other appendage of a temporary or permanent nature shall be rigidly attached to the canopy or marquee in a manner approved by the Building Inspector.
cAny awning erected hereafter on any building shall conform to the following provisions:
1Any awning shall have at least seven feet of clearance between the grade of the sidewalk at any point and the lowest point of any projection or appendage of any such awning. No part of any awning shall extend further over the sidewalk than a point within one foot of the vertical plane straight up from the curb.
2Any awning shall be securely supported from the building on rigid framework and may be hinged to swing back against the building or may be supported by poles securely fastened to the sidewalk. Any damage to such awning or support framework or poles that occurs during the course of street or sidewalk maintenance, repair, snowplowing or other municipal activity, except such damage as is caused by the City's negligence, shall be the responsibility of the person who owns the awning and the City shall not be held liable for any such damage.
dNo person shall erect or allow to remain over any sidewalk any canopy, marquee, awning or other similar structure unless the same is constructed in a safe and secure manner and kept in good repair.
eAny person who owns, erects or allows to remain over any sidewalk any canopy, marquee, awning or other similar structure shall indemnify, save and keep harmless the City and its employees and officials from any and all claims, damages, losses, liabilities, actions, suits or judgments which may be presented, brought, secured or sustained against the City or any of its employees or officials on account of the position, construction, installation, erection, maintenance, alteration or removal of any canopy, marquee or awning or by reason of any accidents caused thereby or resulting therefrom.
(Code 1976, § 15.01.290) :::
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Sec. 10-29. Identification of products.
All materials shall be identified by the approval label, the grade mark, the trade mark, or by other approved manufacturer's identification.
(Code 1976, § 15.01.300) :::
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Sec. 10-30. Invalidity in part.
If any section, subsection, paragraph, clause or provision of this Code shall be adjudged invalid, such adjudication shall apply only to the provisions so adjudged, and the rest of this Code shall remain valid and effective.
(Code 1976, § 15.01.310) :::
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Sec. 10-31. Failure to obtain permit.
It shall be unlawful to commence work prior to obtaining a permit therefor. Double fees shall be charged if work is commenced prior to the issuance of a permit.
(Code 1976, § 15.01.320) :::
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Sec. 10-32. The Building Officials and Code Administrators International, Inc.
aInternational Property Maintenance Code, 1998 or current edition, as amended below, is hereby adopted in its entirety, as from time to time amended, as the Minimum Property Standards Code for all structures and properties in the City of Janesville, Wisconsin (amended as follows):
1Section H-210.0---Applied Meaning of Words and Terms is hereby amended with the addition of the following:
2"Housing" and "dwelling" means any improved property, which is used or occupied, or is intended, arranged or designed to be used or occupied, as a home or residence, but does not include:
a. Any building or structure containing living quarters occupied or intended to be occupied by no more than one family, and occupied by the owner as his or her residence.
b. It is the intent of this section to apply to housing and dwellings where the rental or lease of the housing constitutes a business.
3Exception: Sections H-310.0 and H-320.0 through H-323.1 shall pertain to all dwellings including owner occupied.
bAny act required to be performed or prohibited by such code incorporated hereby by reference is required or prohibited by this chapter.
(Code 1976, § 15.01.330) :::
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Sec. 10-33. Severability.
If any section, clause, provision, or portion of this chapter or Wisconsin Administrative Code is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remaining provision shall not be affected thereby.
(Code 1976, § 15.01.340; Ord. No. 80-195, § 1(part), 1980) :::
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Sec. 10-34. Supplemental heating units and radiant heating units.
aSupplemental heating units; defined. The term "supplemental heating units" includes all devices described as energy converters, stoves or supplemental heating devices using wood, coal or other solids as fuel and attached to the existing warm air furnace and using the furnace ducts for distribution of heat.
bRadiant heating units; defined. The term "radiant heating unit" means a room heater, stove or freestanding fireplace not intended for duct connections and used to heat a room using the combustion of solid fuel such as wood or coal as a source of heat.
cSupplemental heating units and radiant heating units; application. SPS chs. 320, 321, 323 and 324, Wisconsin Administrative Code, and all amendments thereto (which are adopted and incorporated by reference in Section 32-97), shall apply to all supplemental heating units and radiant heating units installed in any commercial building or in any dwelling unit that is not covered by the One- and Two-Family Dwelling Code. No person may so install or cause to be installed a supplemental or radiant heating unit which fails to meet the requirements of this chapter.
dAdministration. The Building Inspector is authorized and directed to administer and enforce the provisions of this chapter.
ePermit and permit fee. No person may install or cause to be installed a supplemental heating unit or a radiant heating unit without first obtaining a permit from the Building Division. The Building Division shall give to each permit applicant the following information: It is recommended that:
1The wood burned in the units should be dry wood, preferably dry hard woods.
2The chimney flue should be checked periodically to be sure the flue is open.
3The chimney flue should be cleaned at least once a year.
(Code 1976, § 15.01.350; Ord. No. 80-214, § 1(part), 1980) :::
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Secs. 10-35---10-52. Reserved.
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ARTICLE II. PLUMBING CODE
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Sec. 10-53. Adopted.
aThe Janesville Plumbing Code on file in pamphlet form with the City Clerk is hereby adopted and by reference and otherwise made a part of this chapter and ordinance. Every act, requirement, condition, obligation, regulation, standard, prohibition, rule, provision and mandate set forth therein shall have the same force and effect as if fully set forth herein. Every act required or prohibited therein shall be required or prohibited by this chapter. This section adopts such modifications, changes and amendments thereto as may be made from time to time.
bThe Wisconsin Plumbing Code, including, but not limited to, SPS 381-387 (Department of Safety and Professional Services, herein referred to as DSPS), as amended from time to time, is adopted by reference and made a part of this article as if fully set forth herein. Any act required to be performed or prohibited by such code incorporated hereby by reference is required or prohibited by this article. This section adopts such other Wisconsin Administrative Codes as may supersede, supplant or in any way amend, modify, change or add to the Wisconsin Administrative Code as adopted above. The provisions of this article apply uniformly to the design, construction, installation, supervision, maintenance and inspection of plumbing, including, but not limited to, sanitary and storm drainage, water supplies, wastewater treatment, and dispersal or discharge for buildings.
(Code 1976, § 15.02.010) :::
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Sec. 10-54. Plumbing Inspector; creation of office; term; salary.
aThere is hereby created the office of the Plumbing Inspector. Such inspector shall be appointed by the City Manager and shall hold office until removed by the City Manager or until his or her successor shall have been duly appointed and qualified and shall receive such salary as prescribed by the City Manager.
bQualifications; powers; duties. The City of Janesville shall supervise the installation, alteration and repair of plumbing within its jurisdiction in accordance with one the following approaches:
1The City shall utilize at least one supervisor to oversee all plumbing inspections and all plumbing plan reviews who shall hold a certification as a Commercial Plumbing Inspector issued under this section and who shall hold a license as a Master Plumber or a license as a Journeyman Plumber.
2The City shall utilize at least one individual to conduct all plumbing inspections and all plumbing plan reviews who shall hold a certification as a Commercial Plumbing Inspector issued under this section and who shall hold a license as a Master Plumber or a license as a Journeyman Plumber.
During his or her incumbency, the said Plumbing Inspector shall not engage in the business of plumbing within the City or be financially interested directly or indirectly in any firm or corporation.
cThe Plumbing Inspector shall faithfully perform all the duties imposed upon such officer by the statutes of the State of Wisconsin, by the Wisconsin Plumbing Code (DSPS), and by local regulations adopted by the Council. It shall be his or her duty to see that all laws of the State of Wisconsin, all rules or regulations of the Wisconsin Plumbing Code (DSPS), and all of the ordinances and regulations of the City of Janesville which relate to the installation of plumbing and the laying of drains are enforced. He or she shall see that all construction, reconstruction or alterations of plumbing, water systems, storm sewers, sanitary sewer, drainage and plumbing ventilation hereafter installed in any building within the City shall conform to DSPS rules and regulations and local ordinances.
dThe said Plumbing Inspector shall have the power and authority to enter at all reasonable times any public or private premises for the purpose of making necessary inspections, and also to require of any person or persons performing plumbing, the production of the license or permit therefor. Any person who shall willfully resist or interfere with the exercise of these powers shall be subject to the penalty hereinafter provided.
eInspections. Where plumbing is installed in the City of Janesville, the testing of plumbing shall be done in the presence of a Plumbing Inspector. All plumbing work within a building and exterior plumbing installations on private property shall be inspected and shall conform to SPS 381-387. The plumber or his or her agent shall notify the Building Division when work is ready for inspection and shall specify the street address where the work is being done. Unless otherwise authorized by the Plumbing Inspector, all plumbing work, such as water supply piping, building sewers and drains shall be left uncovered until inspected and work is approved. The plumber in charge shall make such arrangements as will enable the Plumbing Inspector to reach all parts of the building, and shall provide the equipment and labor for making such tests under the supervision of the Plumbing Inspector.
fWhen plumbing work has been completed within a building, it shall be mandatory that the Plumbing Inspector be notified so that final inspection can be made.
(Code 1976, § 15.02.030) :::
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Sec. 10-55. Plan approval, permits, licenses and bond required.
aNo plumbing work of any kind, except minor repairs within buildings shall hereafter be done without a permit being first issued therefor by the Plumbing Inspector.
bAll permit applications shall be properly filled out and shall be signed by a person qualified as a licensed plumber under the Wisconsin Administrative Plumbing Code, except that an application may be approved for plumbing work to be done by the owner in a single family residence which he or she occupies.
cLicensed plumbers shall have executed and filed with the City Clerk a performance bond in the penal sum of $1,000.00 and an indemnity bond in the penal sum of $5,000.00 or in lieu of the indemnity bond, a certificate of insurance in the sum of $5,000.00.
1The bonds or such performance bond and certificate of insurance shall be in accordance with the specifications set forth in Subsections (c)(1), (2) and (3) of this section and to be approved by the Plumbing Inspector as to sufficiency of sureties and as to form and execution.
2The performance bond shall be conditioned that the applicant will perform and sufficiently complete all work for which a permit or permits are issued in accordance with the Plumbing Codes of the State of Wisconsin, the City of Janesville and all other ordinances of the City of Janesville, within a reasonable time, so as to fully protect the public health, safety and welfare.
3In addition, such bond shall provide that the applicant will backfill within a reasonable time and maintain any street, alley or public grounds in which he or she makes any openings or excavations, as directed by and to the satisfaction of the Plumbing Inspector and/or Building Official for a period of one year after initially backfilling the same and shall pay the costs of restoring the temporary and permanent surface of the street, alley or public grounds by the City. That in the event that at any time the backfilling of any ditches or excavations between the curb and the lot line is found defective that future settling occurs within a period of one year after the date of completion of the work, shall make or cause to be made, necessary resultant repairs to curbs, sidewalks or driveways, etc., subject to the provisions of this Code; that the applicant shall reimburse the City for all damages to any City utilities resulting from his or her work operations, regardless of whether such damage is done by himself or herself, his or her agents, employees or subcontractors.
4The indemnity bond or certificate of insurance shall be conditioned that the applicant will indemnify and save harmless the City of Janesville, its officers and agents, against any and all claims, suits or actions of any kind because of injuries and/or property damages resulting or arising from any negligence or the performance of any work on the part of the applicant or his or her agents, employees or subcontractors; that said applicant or his or her insurer shall notify the City of Janesville in writing at least ten days prior to the cancellation of any certificate of insurance afforded hereunder.
5Plumbers' bonds and certificates of insurance shall be dated July 1 and shall be for the term of one year but shall remain in force and effect as to any work commenced during the term of the bond or certificate of insurance.
(Code 1976, § 15.02.050) :::
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Sec. 10-56. Plumbing fees.
aPermit fees shall be submitted per Section 10-12.
bThe following are subject to permit fees:
1All new fixtures and appliances as indicated on the application form furnished the applicant, including water heaters;
2All plugged or capped openings left for future installation of fixtures;
3When any change is made in the water, drain, waste or vent piping which necessitates the resetting of any plumbing fixture or appliance, each fixture so affected;
4All sanitary building sewers, storm building sewers and water services;
5Clear water, water only, water and wastewater, or wastewater only meters and related piping;
6Plumbing plan approval and review per State of Wisconsin Plumbing Code for the agent municipality.
(Code 1976, § 15.02.060) :::
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Sec. 10-57. Plumbers license required.
aIt shall be unlawful for any person, firm or corporation to perform any plumbing in the City without holding a qualified license with the State of Wisconsin, except that repairs and stoppages as defined in the Wisconsin Plumbing Code do not require license status.
bNo person, firm or corporation shall allow the use of his or her or its name directly or indirectly for the purpose of making application to perform plumbing in the City.
cA permit application submitted by the applicant will not be approved unless such individual is qualified as required by the Wisconsin Administrative Plumbing Code, except that an application may be approved for plumbing work to be done by the owner in a single-family residence which he or she occupies.
(Code 1976, § 15.02.070) :::
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Sec. 10-58. Excavations in streets.
All excavations in the streets for sewer and/or water connection or for any other purpose by person other than an authorized utility or contractor working for the City or utility shall conform to the following requirements:
1Permit. Before the excavation is started, the person doing the work shall obtain the necessary permit and shall obtain full information on all existing underground structures, pipes, conduits, etc.
2Damage. No excavation shall be carried on with a mechanical digger closer than two feet from such piping or underground structure. The actual work of exposing the piping or structures shall be done by hand and extreme care shall be exercised by the person doing the work so as not to injure such piping or structures, it will be repaired at the expense of the person or firm holding a permit to excavate in the public streets.
3Width of trench. The width of the trench shall be kept as narrow as possible for safe working conditions and all excavated material shall be hauled away from the site and disposed of, unless excavated material is suitable for reuse in the opinion of the Plumbing Inspector.
4No tunneling. No tunneling will be permitted under any portion of the roadway, except State and Federal Highways.
5Filling trenches. When pipe laying has been completed in any street and has been approved by the Plumbing Inspector, all trenches shall be refilled with sand and gravel, to a height of not less than the present grade of said street at the time of excavation and extending full length into the property line. Sand and gravel shall be used as refill for all trenches and the last 12 inches of fill for said trenches shall be limestone rock or chips, and said trenches shall be properly mechanically compacted at six inch lifts.
6Barricades. The street shall be kept barricaded and protected with flares until the City has repaired the trench upon notice to do so from the contractor or firm doing the work, and/or the Plumbing Inspector.
7Final repairs by City. The City will make the final repairs of the excavation and restore the street surface. The expense of this work shall be borne by the person or firm holding the permit to excavate in the street.
8Police Department, Fire Department and Bus Department to be notified. The Fire Department and Bus Department must be notified before any street is entirely blocked, and when it is opened.
9Blocking highways. According to statute, no U.S. or State Highway can be blocked to the extent of more than 50 percent of the roadway at any time.
(Code 1976, § 15.02.080) :::
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Sec. 10-59. Piping for appliances.
aAny piping for supplying water to or carrying waste from any appliance being installed by an appliance dealer such as automatic washers, air conditioners, water heaters, etc., shall be installed by a licensed plumber, and water shall terminate in a valve at the appliance.
bIn no case shall any saddle be installed on any water service for use on any appliance or for any other purpose.
(Code 1976, § 15.02.110) :::
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Sec. 10-60. Miscellaneous.
aInvalidity of part. If any section, subsection, paragraph, clause or provision of this Code shall be adjudged invalid, such adjudication shall apply only to the provisions so adjudged, and the rest of this Code shall remain valid and effective. No part of this Code shall be interpreted to prevent the enforcement of other ordinances or local regulations which prescribe standards equal to or better than are provided herein.
bPurpose. Pursuant to Wis. Stats. § 145.02, the purpose of this chapter is to provide that all plumbing in connection with buildings and facilities in the state, including buildings owned by the state or political subdivision thereof, shall be safe, sanitary and such to safeguard the public health and the waters of the state.
cMaintenance. All plumbing systems, both existing and new, and any and all parts thereof shall be maintained in a safe and sanitary condition. All devices and/or safeguards which are required by this Code shall be maintained in good working order at all times. The owner and his or her designated agent shall be jointly and severally responsible for the maintenance of plumbing systems.
dPrivies and waterless toilets.
1No privy, chemical or dry closet system or any waterless closet shall be installed or maintained within the boundaries of the City of Janesville, except temporarily during periods of construction where no toilet facilities are available and only upon the prior permission of the Building Official. The Building Official may approve such temporary systems for special events for up to a 14-day period. Any temporary privy or other waterless toilet shall be removed as soon as connection is possible to the public sewer. Any such temporary system shall be ratproof, flyproof and so located so as to prevent any nuisance to adjoining property.
2No septic or other sewerage tank shall be constructed on property to which the public sewer system is accessible. Where public facilities are not available, a private sewage system complying with the provisions of SPS 383, Wisconsin Administrative Code (Wis. Admin. Code SPS 383), as from time to time amended, and the Rock County Health Department.
eThe ends of all sewer pipes shall be plugged with watertight test plugs, or capped so as to prevent water, soil or any foreign matter from entering the City sanitary sewer system until such time as the occupancy permit for the premises is issued.
(Code 1976, § 15.02.120) :::
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Sec. 10-61. Penalty.
aAny person, firm or corporation, or any officer of any corporation, who violates or causes to be violated any provision of the Building Code or any order issued under the provisions of the Building Code shall, upon conviction thereof, be fined not less than $25.00, nor more than $500.00, together with the costs of prosecution and in default of payment thereof shall be committed to the Rock County Jail for a term of not less than five days nor more than 60 days.
bIt shall be the responsibility of the offender to abate the violations as expeditiously as possible.
cEach and every day that a violation continues constitutes a separate offense.
dThe City, in addition to the above penalties, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove the violation, and/or the City Council may revoke any license or permit.
eIf, in any action, a permit was issued, it shall not constitute a defense, or shall any error, oversight, or dereliction of duty on the part of the Plumbing Inspector constitute a defense.
(Code 1976, § 15.02.130) :::
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Secs. 10-62---10-86. Reserved.
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ARTICLE III. ELECTRICAL CODE12
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Sec. 10-87. Janesville Electrical Code.
The Janesville Electrical Code dated 2015 on file in pamphlet form with the City Clerk is hereby adopted and by reference and otherwise made a part of this chapter and ordinance. Every act, requirement, condition, obligation, regulation, standard, prohibition, rule, provision, and mandate set forth therein shall have the same force and effect as if fully set forth herein. Every act required or prohibited therein shall be required or prohibited by this chapter. This section adopts such modifications, changes and amendments thereto as may be made from time to time.
(Ord. No. 2020-782(15.03.010), § II, 2-10-2020) :::
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Sec. 10-88. Electrical Inspector; creation of office; term; salary.
aThere is hereby created the office of Electrical Inspector. Such inspector shall be appointed by the City Manager and shall hold office until removed by the City Manager or until his successor shall have been duly appointed and qualified. He shall receive such salary as prescribed by the City Manager, subject to the approval of the City Council.
bQualifications; powers and duties. The person appointed to fill the office of the Electrical Inspector shall be a State of Wisconsin Licensed Master Electrician.
cIt shall be unlawful for the Electrical Inspector to engage in the business of the installation or maintenance of electrical wiring and appliances, either directly or indirectly and he shall have no financial interest in any concern engaged in such business in the City of Janesville at any time while holding office of Electrical Inspector.
dIt shall be the duty of the Electrical Inspector to see that all electrical light, power and all other electrical apparatus connected with the same, are in strict conformity with provisions of this ordinance, the National Electric Code, and the Wisconsin State Electrical Code, issued by the Department of Safety and Professional Services, under authority of the State Statutes.
eSaid Electrical Inspector shall have the right, during reasonable hours to enter any public or private buildings in the discharge of his official duties, or for the purpose of making any inspections or test of the electrical wires and appliances contained therein, and shall have the authority to cause the turning off of all electrical currents and to cut or disconnect, in cases of emergency, any wire where such electrical currents are dangerous to life or property or may interfere with the work of the Fire Department.
(Ord. No. 2020-782(15.03.020), § II, 2-10-2020) :::
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Sec. 10-89. Inspections.
aIt shall be unlawful to connect up the equipment of a building or areas specified in Wis. Stats. § 101.875, to any electrical supply lines or to turn on the current, unless a certificate of inspection has been issued by the Electrical Inspector, and it shall be the duty of the electrical utility supplying electrical service to any building to secure a copy of the certificate of inspection from the Electrical Inspector, before supplying service to such building.
bUpon the completion of the construction and installation of the electrical wiring and equipment, including fire alarm systems, area of refuge systems, and other such emergency and life safety systems, it shall be the duty of the person, firm or corporation doing the same, to notify the Electrical Inspector, who shall inspect the installation. If the installation is found to be in compliance with the provisions of this chapter, the Inspector shall issue a certificate of inspection authorizing connection to the electrical service and the turning on of the current. If the Electrical Inspector, at the time of the inspection, finds any fault with the electrical wiring or equipment, the Inspector shall notify the person, firm or corporation of such fault. All electrical wiring and equipment which is to be concealed, shall be inspected before concealment and no other craft shall cover up or conceal such wires unless the installation has been inspected and approved by the Electrical Inspector. The licensed Electrician and/or licensed Electrical Contractor shall provide any necessary equipment to perform the inspection.
cPersons, firms or corporations associated with crafts other than electrical and functioning in their trades shall in no way alter the approved installation of any electrical equipment by the placement of materials or equipment in too close proximity, by concealment, by making inaccessible, or in any way affecting the approved installation so as to make it in violation of this code.
dBefore a certificate of occupancy will be issued by the Building Inspector, it shall be the duty of the person, firm or corporation doing the installation of the electrical system to call the electrical inspector for a final inspection and to have all work conform to this code.
eIt shall be the duty of the State of Wisconsin Licensed Electrical Contractor who has obtained the electrical permit to contact the Electrical Inspector for all inspections, including the final inspection. The Wisconsin Licensed Electrical Contractor and/or the Wisconsin Licensed Master Electrician on record for the Contractor shall meet the Electrical Inspector for inspections when requested.
fWhen electrical wiring and equipment is removed from a building for demolition purposes, the Wisconsin Licensed Electrician shall call for inspection when such wiring has been removed and all remaining wiring is installed in a safe condition.
gProcedures when unsafe or illegal electrical equipment is discovered:
1Notice to owner; failure to comply. When the Electrical Inspector finds any electrical equipment to be unsafe or dangerous to persons or property, the person owning or using such electrical equipment shall be notified in writing by the Electrical Inspector to remove or cause to be removed or to make any changes or repairs as determined by the Electrical Inspector so as to restore such electrical equipment to a safe condition. Failure to comply with such notice within the time specified in such notice shall be sufficient cause for the Electrical Inspector to disconnect or order the discontinuance of electrical service to said electrical equipment or to cause the arrest and/or cause issuance of a citation to such person owning or using such electrical equipment.
2In emergency situations, the Electrical Inspector shall have the authority to immediately disconnect or cause the removal or disconnection of any such electrical equipment in any of the following instances:
a. In any case of emergency, affecting the safety of persons or property, or where electrical equipment interferes with the work of the Fire Department.
b. Where electrical equipment is not installed in conformity with the regulations of this Chapter and in the professional opinion of the Electrical Inspector poses an immediate safety or fire risk.
3Inspector to attach official notice to disconnect equipment. When the Electrical Inspector disconnects or causes to be disconnected electric current from electrical equipment, the Inspector shall attach an official notice, tag, lock or seal to such electrical equipment to prevent the use of electricity. It shall be unlawful for any unauthorized person to detach such official notice, tag, lock, seal or to break open, change, remove, destroy, tear, alter, mutilate, cover, or otherwise deface any such official notice, tag, lock or seal.
hElectrical inspections required to be completed after normal business hours, such as, but not limited to emergencies, electrical service changes, and emergency lighting inspections will be assessed a special inspection fee determined by the adopted fee schedule. This fee shall be paid in full before the final electrical inspection will be approved and occupancy may occur.
(Ord. No. 2020-782(15.03.030), § II, 2-10-2020) :::
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Sec. 10-90. Permits.
aBefore any electrical wires or electrical apparatus shall be installed for lighting or power purposes, including fire alarm, area of refuge, and other such emergency and life safety systems, or any electrical construction work done, except minor electrical work, an electrical permit shall be obtained from the Electrical Inspector by a State of Wisconsin licensed Electrical Contractor as defined in SPS 305. The licensed Electrical Contractor shall be or shall employ a State of Wisconsin Licensed Master Electrician or a Residential Licensed Master Electrician as defined in SPS 305.
1The electrical permit application shall describe in detail the proposed installation or work and give the location of the premises where same is to be placed. No permit shall be issued unless satisfactory proof is furnished to the Electrical Inspector upon his request, that the applicant has been employed to perform the work or installation and will be responsible for the performance thereof in the manner required by the City ordinance or by the State laws; nor unless proof be submitted that the applicant has paid to the Electrical Inspector the fees herein required.
2Any electrical wiring qualifying as "minor electrical work" as defined in section 10-92(b) shall not require an electrical permit.
bA permit shall also be required for the installation of any outlet and any electrical wiring for use on any circuit including wiring for low voltage wiring (50 volts and below) for control of heating, ventilating, cooling, lighting, signal and communication equipment, excepting signal systems, operated by, and/or in conjunction with communications systems installed and maintained by a public utility. A state electrical license is not required to obtain these low voltage permits.
cDemolition or removal of electrical wiring and equipment, such as panelboards, transformers, luminaries, conduits, wires and similar electrical equipment within buildings shall require an electrical permit. Wiring shall always be left in a safe condition, with all wiring enclosed in proper enclosures.
dIn cases of emergency, work may be started before the permit has been issued, provided the Electrical Inspector is notified the same day such work is started. If the emergency occurs on a day the Building Division is closed, the Division shall be notified the next business day.
eElectrical permits shall expire 12 months after the date of issuance of the permit. If such permit expires, a new permit shall be issued at the regular fee rate.
fCity of Janesville Electrical permits shall be signed by the State of Wisconsin Licensed Electrical Contractor and by the licensed master electrician of record for the contractor if different.
(Ord. No. 2020-782(15.03.040), § II, 2-10-2020) :::
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Sec. 10-91. Licenses and permit application requirements.
aState of Wisconsin Licensed Electrical Contractors shall submit the following information to the City of Janesville annually, at a date determined by the City of Janesville, or with the electrical permit application. Electrical permits shall not be issued unless such information is submitted to the City of Janesville Building Division. The information shall be submitted by the applicant of the electrical permit.
1Copy of State of Wisconsin Electrical Contractor license.
2Mailing and street address of the State of Wisconsin Licensed Electrical Contractor.
3Phone number(s), fax number and e-mail address of the State of Wisconsin Licensed Electrical Contractor.
4Name of the State of Wisconsin Master Electrician employed by the Licensed Electrical Contractor.
5Copy of the State of Wisconsin Master Electrician license.
6Mailing and street address of the State of Wisconsin Master Electrician.
7Phone number(s), fax number and e-mail address of the State of Wisconsin Master Electrician.
8No person shall be listed as the State of Wisconsin Master Electrician for an electrical permit who is not physically supervising any person or Company found to violate said requirement shall be subject to the penalty provisions of section 10-97 of this chapter.
bAll persons installing wiring within the City of Janesville shall be licensed by the State of Wisconsin Master, Journeyman, Registered Electrician or other electrical licensed categories as defined in SPS 305. These licensed persons shall comply with the requirements of Wis. Stats. § 101.862 for their respective electrical licenses.
cUnlicensed persons performing electrical wiring, whether or not for compensation, shall be in violation of this section and subject to the penalties set forth in this section 10-97 of this chapter.
dHomeowners are required to be properly licensed as a State of Wisconsin Residential Master Electrician or a State of Wisconsin Master Electrician for any electrical wiring associated with the electrical service or feeders within their single family home or on their residential property. Homeowners are allowed to install branch circuit wiring only.
(Ord. No. 2020-782(15.03.050), § II, 2-10-2020) :::
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Sec. 10-92. Electrical construction requirements.
aThe current National Electrical Code (NEC), as adopted by the State Electrical Code, Department of Safety and Professional Services, Chapter SPS 316 and SPS 305 of the Wisconsin Administrative code, which changes and alterations are hereby adopted, is hereby adopted by reference. A copy of the current NEC and a copy of the Wisconsin Administrative Code SPS Chapter 316 and 305 are kept on file in the office of the Department of Public Works, Building Division
bMinor electrical work shall be defined as, repairing for the purpose of maintaining the existing electrical system only, such as replacing an existing light fixture, a receptacle, a motor, a lighting ballast and similar such item which are broken or not functioning properly . Minor electrical work does not include such items as replacing existing conduits, replacing multiple lights, receptacles or switches, relocating of electrical devices and similar type electrical wiring.
cMobile home parks. Wiring from the utility company to the mobile home panel board shall be the responsibility of the mobile home park owner. All wiring, except inside the mobile home, shall be done by a licensed electrician and shall be the responsibility of the park owner.
dAll occupancies where remodeling and/or renovations are taking place, the existing electrical wiring in such areas shall be in compliance with all applicable Electrical Codes. Existing wiring may remain as installed, if such electrical wiring was installed in accordance with applicable Codes at the time of the initial installation.
eAll electrical wiring and equipment shall be in compliance with this Code when installed, whether such electrical wiring and equipment is energized or de-energized.
(Ord. No. 2020-782(15.03.060), § II, 2-10-2020) :::
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Sec. 10-93. Street lighting and traffic lights.
aUnless otherwise specifically provided by ordinance or resolution of the Council all electrical work performed on City projects, whether street lighting or traffic signals, or otherwise, shall be constructed and all work done directly by the City without submitting the same for bids.
bAll work done except repair work on City owned traffic signals and street lights are required to have permits as defined in section 10-90 of this chapter.
(Ord. No. 2020-782(15.03.070), § II, 2-10-2020) :::
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Sec. 10-94. Invalidity of part.
If any section, subsection, paragraph, clause or provisions of this code shall be adjudged invalid, such adjudication shall apply only to the provisions so adjudged, and the rest of this code shall remain valid and effective.
(Ord. No. 2020-782(15.03.080), § II, 2-10-2020) :::
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Sec. 10-95. Liability of City.
This article shall not be construed to relieve or lesson the responsibility or liability of any party owning, operating, controlling or installing any electrical equipment for damages to anyone injured or any property destroyed by any defect herein nor shall the City be held as assuming any such liability by reason of the inspection authorized herein or certificate of inspection herein provided.
(Ord. No. 2020-782(15.03.090), § II, 2-10-2020) :::
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Sec. 10-96. Appeals.
All appeals for variance of the NEC and SPS Chapter 316 shall be made to the State of Wisconsin. Any variance to this article shall be made to the City of Janesville Zoning Board of Appeals.
(Ord. No. 2020-782(15.03.100), § II, 2-10-2020) :::
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Sec. 10-97. Penalty.
aAny person, firm or corporation, or any officer of any corporation, who violates or causes to be violated any provision of the building code or any order issued under the provisions of the building code shall, upon conviction thereof, be fined not less than $25.00, nor more than $500.00, together with the costs of prosecution and in default of payment thereof shall be committed to the Rock County Jail for a term of not less than five days nor more than 60 days.
bIt shall be the responsibility of the offender to abate the violations as expeditiously as possible.
cEach and every day that a violation continues constitutes a separate offense.
dThe city, in addition to the above penalties, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove the violation, and/or the common council may revoke any license or permit.
eIf, in any action, a permit was issued, it shall not constitutes a defense, or shall any error, oversight, or dereliction of duty on the part of the Electrical Inspector constitute a defense.
(Ord. No. 2020-782(15.03.110), § II, 2-10-2020) :::
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Secs. 10-98---10-120. Reserved.
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ARTICLE IV. HEATING
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Sec. 10-121. Heat producing apparatus for heating, incineration and allied appurtenances.
aPermit required. Before proceeding with the construction, installation, erection, alteration or remodeling of any boiler, furnace, incinerator or other heat producing apparatus, a permit shall first be obtained from the Building Inspector by the heating contractor. A permit shall also be required for repairs and maintenance exceeding $100.00 in cost.
bAn application shall be filed by said contractor specifying in detail the work to be done and be accompanied by the fee as set forth in Section 10-12.
(Code 1976, § 15.04.010) :::
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Sec. 10-122. Accessibility.
The installation of heat producing appliances shall in all cases be such as to make them accessible for cleaning, operation and maintenance.
(Code 1976, § 15.04.020) :::
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Sec. 10-123. Installation.
Wisconsin Administrative Code shall, as from time to time amended, govern Wis. Admin. Code chs. SPS 320---325 Uniform Dwelling Code and International Mechanical Code, issued by the Department of Safety and Professional Services, under authority of state statutes are hereby adopted by reference and made a part hereof as if fully set forth herein. Every requirement and prohibition set forth therein shall be required or prohibited, respectively herein.
(Code 1976, § 15.04.030) :::
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Sec. 10-124. Unsafe heating appliances.
The Building Inspector shall have the authority to seal any heating appliance regulated herein which has been installed in violation of the regulations of this Code, or which is found, upon inspection, to be in an unsafe condition and to be a life, health, or fire hazard. It shall be unlawful for any unauthorized person to break such seal or use such heating appliance.
(Code 1976, § 15.04.040) :::
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Sec. 10-125. Gas appliances.
aWisconsin Administrative Code shall govern. State Codes adopts by reference the National Fuel Gas Code ANSI 223.1 also known as NFPA 54.
bScope. The regulations of this section shall apply to all gas appliances used for space heating purposes.
(Code 1976, § 15.04.050) :::
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Sec. 10-126. Gas conversion burners.
aBefore any gas conversion burner is installed, the combustion chamber flue passages, smokepipe, and the chimney shall be thoroughly cleaned of all rust, soot and dirt. All rust and scale shall be scraped from the edges of the firing clinker or cleanout doors, and the door jambs to obtain a tight fit. Leaky joints on cast iron furnaces shall be recemented. A smoke or other test shall be used to determine the effectiveness of the repairs. All doors on the boiler or furnace, except the firing door, shall be tightly sealed. The slots in the firing door shall be sealed. The fire brick in steel warm air furnaces shall be removed except where it is the only material that forms the sides of the fire pot.
bThe firing door on the furnace or boiler shall be arranged to open easily to relieve pressure by filing or removing the door catch and providing a spring device to hold the door closed.
cWhere a horizontal (in-shot) type gas conversion burner is installed in the ash pit of a dry base boiler or gravity warm air furnace, the ash pit shall be lined on the bottom and the sides up to the grate level with two inches of insulating firebrick or other approved insulation.
dMovable smoke pipe dampers shall be removed. Other dampers which are an integral part of the boiler or furnace shall be removed or permanently locked in a position which does not interfere with the operation of the burner.
eIn down draft or revertible flue-type furnaces or boilers in which the flue passage turns downward after leaving the combustion chamber, the top of the combustion chamber, of flue passage shall be vented to the smoke pipe by a one-inch diameter or larger pipe. The relief opening of a vertical or horizontal draft diverter should be at least one foot higher than the highest flue passage.
fWhere a bypass to the smoke pipe is provided in the construction of the furnace of the boiler at the point where the flue turns downward, the damper in the bypass may be partially opened and locked in place in lieu of the required one-inch pipe.
gThe cross sectional area of the flue or vent connector shall be not less than one square inch per 7,500 BTU per hour input of the gas conversion burner, but in no case shall the diameter of the flue or vent connector be less than that of the appliance flue collar.
hThe draft diverter shall be located in the same room as the appliance.
(Code 1976, § 15.04.060) :::
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Sec. 10-127. Oil burners.
aScope. The regulations of this section shall apply to all oil-burning equipment and shall include all equipment connected thereto including tanks, piping, pumps, controls devices, and all accessories.
bFuel oil. Fuel oil used in connection with such burners to which these regulations apply shall have a flash point of not less than 100 degrees Fahrenheit as determined by the tag close cup tester, and shall be a hydrocarbon oil free from acid, grit, fibrous, or other foreign matter likely to clog or injure the burners or valves.
cInstallation of oil burners.
1All oil burners shall be installed in an approved and workmanlike manner. Combustion chambers, etc., shall be cleaned in accordance with the requirements of this Code.
2Where oil burners are installed in boilers of furnaces originally designed for other fuels, the ash door of the boiler or furnace shall be removed, or bottom ventilation otherwise provided to prevent an accumulation of vapors in the ash pit, unless the burner is of a type which mechanically purges the ash pit.
3Manually operated dampers shall be such that they cannot close off more than 80 percent of the internal cross sectional area of the smoke pipe.
4Rooms in which oil burners are located shall be provided with adequate ventilation to assure continuous complete combustion of the oil. Where the oil burner is located in a room which does not have windows or doors to the outside air, such room shall be provided with an opening or duct to the outside air, or to a room which has windows or doors to the outside air.
5Operating instruction. The installer of any oil-fired furnace or boiler or oil conversion burner shall post in a conspicuous place near the appliance, complete operating instructions for such appliances, including the installer's name and business address.
dOil burner construction and control.
1All oil burners shall be of an approved type.
2All oil burners shall be arranged to prevent abnormal discharge of oil in the event of ignition failure or premature flame extinguishment by automatic means specifically approved for the burner with which used.
3Oil burning space heaters shall be provided with such controls only if they are connected to an oil storage tank which is not an integral part of the space heater.
4All oil burners shall be provided with an approved method for manually stopping the flow of oil to the burner from a point at a safe distance from the burner.
5Automatically controlled oil burners used in connection with hot water, steam or warm air heating systems shall be equipped with approved automatic devices to stop the burner or reduce the fuel supply in the event of excessively high pressure or low water in the steam boiler or overheating in the hot water boiler or warm air furnace.
6Oil burners which are supplied by gravity feed shall be equipped with an approved constant level valve. Such constant level valves if not a part of the burner or the oil tank shall be installed in the oil feed line at the tank, or as close thereto as possible.
(Code 1976, § 15.04.070) :::
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Sec. 10-128. Steam and hot water pipes.
aClearance.
1Steam and hot water pipes shall be installed with a clearance of at least one inch to all combustible material except as specified in Subsections (a)(2) and (3) of this section.
2At points where pipes carrying steam or hot water at not over 15 pounds per square inch gauge pressure, or hot water at not over 250 degrees Fahrenheit, emerge from a floor, wall or ceiling, the clearance at the opening through the finish floorboards or wall or ceiling boards may be less than one inch, but shall not be less than one-half inch. Each opening shall be covered with a plate of non-combustible material.
3Hot water pipes on a system with automatic firing and with limit controls such that water temperature at the boiler or furnace cannot rise above 180 degrees Fahrenheit may be installed without clearance to combustible material.
bProtection.
1Coverings or insulation used on steam or hot water pipes shall be of noncombustible material.
2Where steam pipes and hot water pipes pass through a floor, wall or ceiling of fire-resistive construction, the openings around them shall be filled with non-combustible material to prevent the passage of fire.
(Code 1976, § 15.04.080) :::
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Sec. 10-129. Air conditioning and refrigeration systems.
aPermit required. Except as hereinafter provided, before proceeding with the construction, erection, or installation of any air-cooled, water-cooled, or mechanically-cooled air conditioning or refrigeration system or unit in or to serve any building, a permit shall first be obtained from the Building Inspector. See Section 10-8.
bApplication for a permit shall be made by the installing contractor upon a form provided by the Building Inspector, shall be filled out completely and shall provide the following information:
1Name and address of contractor.
2Location of premises where installation is proposed.
3Name and address of owner.
4Location of unit on premises including distance to lot lines for exterior apparatus.
5Manufacturer's identification, classification and size of unit.
6Nature of coolant.
7If water-cooled, source of water and method of discharging waste water shall be installed per Wisconsin Plumbing Code.
8Where water conservation devices are required, manufacturer's name, identification, classification, and size of equipment.
9Such additional information as shall be required by the Building Inspector.
cExterior structures. Where any unit of air conditioning or refrigeration system is located outside of the structure, said unit shall comply with setback requirements as set forth in the zoning ordinance and said location shall be subject to approval of the Building Inspector. Said location shall not, by noise or sight, be detrimental to adjoining property.
(Code 1976, § 15.04.090) :::
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Sec. 10-130. Heating permits---Application; information required.
At the time of application for the permit required by this chapter, the following information shall be provided by the person making the application:
1Maximum hour BTU input rating of equipment;
2Type of equipment: room heater, furnace, oil unit heater, and similar equipment;
3Heating medium: air steam, water or other type;
4Type of circulation: gravity, forced or other type; and
5Name of manufacturer of equipment.
(Code 1976, § 5.04.130) :::
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Sec. 10-131. Heating permits---Use of gas; temporary; term; test.
When temporary use of gas is desired, the department having jurisdiction may grant a permit for such use for a period of not to exceed 90 days, provided that the gas piping which is desired to be used is given a test equal to that required as a final inspection.
(Code 1976, § 5.04.140) :::
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Sec. 10-132. Heating permits---Single-family dwelling construction; issuance when.
The permit required by this chapter may be issued to any person to do any construction or work regulated by this Code in a single-family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings, in the event that such person is a bona fide owner of such dwelling and accessory building and quarters and that the same are occupied by or designed to be occupied by said owner; provided, that said owner shall personally purchase all material and shall personally perform all labor in connection therewith.
(Code 1976, § 5.04.150) :::
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Sec. 10-133. Identification of products.
All materials shall be identified by the approved label, the grade mark, the trade mark, or by other approved manufacturer's identification.
(Code 1976, § 15.04.100) :::
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Sec. 10-134. Invalidity of part.
If any section, subsection, paragraph, clause or provision of this Code shall be adjudged invalid, such adjudication shall apply only to the provisions so adjudged, and the rest of this Code shall remain valid and effective.
(Code 1976, § 15.04.110) :::
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Sec. 10-135. Failure to obtain permit.
It shall be unlawful to commence work prior to obtaining a permit therefor. Double fees shall be charged if work is commenced prior to the issuance of a permit.
(Code 1976, § 15.04.120) :::
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Sec. 10-136. Penalty.
aAny person, firm or corporation, or any officer of any corporation, who violates or causes to be violated any provision of the Building Code or any order issued under the provisions of the Building Code shall, upon conviction thereof, be fined not less than $25.00, nor more than $500.00, together with the costs of prosecution and in default of payment thereof shall be committed to the Rock County Jail for a term of not less than five days nor more than 60 days.
bIt shall be the responsibility of the offender to abate the violations as expeditiously as possible.
cEach and every day that a violation continues constitutes a separate offense.
dThe City, in addition to the above penalties, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove the violation, and/or the City Council may revoke any license or permit.
eIf, in any action, a permit was issued, it shall not constitute a defense, or shall any error, oversight, or dereliction of duty on the part of the Heating Inspector constitute a defense.
(Code 1976, § 15.04.130) :::
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Secs. 10-137---10-162. Reserved.
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ARTICLE V. CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
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Sec. 10-163. Authority.
aThis article is adopted by the City Council under the authority granted by Wis. Stats. § 62.234. This chapter supersedes all provisions of any chapter or ordinance previously enacted under Wis. Stats. § 62.23, that relate to construction site erosion control. Except as otherwise specified in Wis. Stats. § 62.234, Wis. Stats. § 62.23 applies to this chapter and to any amendments to this chapter.
bThe provisions of this article are deemed not to limit any other lawful regulatory powers of the same governing body.
cThe City Council hereby designates the Director of Public Works, hereafter referred to as the Director, and each and every of his or her designees to administer and enforce the provisions of this article.
dThe requirements of this article do not pre-empt more stringent erosion and sediment control requirements that may be imposed by any of the following:
1Wisconsin Department of Natural Resources administrative rules, permits or approvals, including those authorized under Wis. Stats. §§ 281.16 and 283.33.
2Targeted non-agricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Admin. Code.
(Code 1976, § 15.05.010) :::
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Sec. 10-164. Findings of fact; purpose.
The City Council acknowledges that runoff from land disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in the City. It is the purpose of this article to maintain safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion and sediment discharge; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land disturbing construction activity to waters of the state in the City.
(Code 1976, § 15.05.020) :::
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Sec. 10-165. Applicability and jurisdiction.
aApplicability.
1Except as provided under Subsection (b) of this section, this article applies to any construction site as defined under Section 10-166.
2This article does not apply to the following:
a. Transportation facilities, except transportation facility construction projects that are part of a larger common plan of development such as local roads within a residential or industrial development.
b. A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under chapter 40, Code of Federal Regulations, part 122, (40 CFR pt. 122) for land disturbing construction activity.
c. Nonpoint discharges from agricultural facilities and practices.
d. Nonpoint discharges from silviculture activities.
e. Routine maintenance for project sites that have less than five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.
3Notwithstanding the applicability requirements in Subsection (a) of this section, this article applies to construction sites of any size that, as determined by the Director, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, or that increases water pollution by scouring or transporting of particulate.
bJurisdiction. This article applies to land disturbing construction activity on lands within the boundaries and jurisdiction of the City of Janesville.
cExclusions. This article is not applicable to activities conducted by a state agency, as defined under Wis. Stats. § 227.01(1).
(Code 1976, § 15.05.030) :::
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Sec. 10-166. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Administering authority means a governmental employee, or a regional planning commission empowered under Wis. Stats. § 62.234, that is designated by the City Council to administer this chapter.
Agricultural facility means a structure associated with an agricultural practice.
Agricultural practice means beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; grazing; livestock raising; orchards; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 USC 3831 to 3836; and vegetable raising.
Best management practice or BMP means structural or non-structural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.
Business day means a day the office of the Director of Public Works is routinely and customarily open for business.
Cease and desist order means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the Director of Public Works.
Construction site means an area upon which one or more land disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land disturbing construction activities may be taking place at different times on different schedules but under one plan. A long-range planning document that describes separate construction projects, such as a 20-year transportation improvement plan, is not a common plan of development.
Design storm means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall.
Erosion means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.
Erosion and sediment control plan means a comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
Final stabilization means that all land disturbing construction activities at the construction site have been completed and that a uniform perennial vegetative cover has been established with a density of at least 70 percent of the cover for the unpaved areas and areas not covered by permanent structures or that employ equivalent permanent stabilization measures.
Governing body means City Council of the City of Janesville.
Land disturbing construction activity means any manmade alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
Landowner means any person holding fee title, an easement or other interest in property, which allows the person to undertake cropping, livestock management, land disturbing construction activity or maintenance of stormwater BMPs on the property.
Maximum extent practicable means the highest level of performance that is achievable but is not equivalent to a performance standard identified in this chapter as determined in accordance with Section 10-167.
Performance standard means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
Permit means a written authorization made by the Director of Public Works to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
Pollutant has the meaning given in Wis. Stats. § 283.01(13).
Pollution has the meaning given in Wis. Stats. § 281.01(10).
Responsible party means the landowner or any other entity performing services to meet the requirements of this article through a contract or other agreement.
Runoff means stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
Sediment means settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
Silviculture activity means activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
Site means the entire area included in the legal description of the land on which the land disturbing construction activity is proposed in the permit application.
Stop-work order means an order issued by the Director of Public Works which requires that all construction activity on the site be stopped.
Technical standard means a document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
Transportation facility means a highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements under Wis. Stats. § 85.095(1)(b). The term "transportation facility" does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the department pursuant to Wis. Stats. § 281.33.
Waters of the state includes those portions of Lake Michigan and Lake Superior within the boundaries of the state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within the state or its jurisdiction.
(Code 1976, § 15.05.040) :::
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Sec. 10-167. Applicability of maximum extent practicable.
Maximum extent practicable applies when a person who is subject to a performance standard of this article demonstrates to the Director's satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the responsible party shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties.
(Code 1976, § 15.05.050) :::
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Sec. 10-168. Technical standards.
All BMPs required for compliance with this chapter shall meet design criteria, standards and specifications based on any of the following:
1Design guidance and technical standards identified or developed by the Wisconsin Department of Natural Resources under subchapter V of chapter NR 151, Wis. Adm. Code (Wis. Admin. Code ch. NR 151, subch. V).
2Soil loss prediction tools (such as the Universal Soil Loss Equation (USLE)) when using an appropriate rainfall or runoff factor (also referred to as the R factor) or an appropriate design storm and precipitation distribution, and when considering the geographic location of the site and the period of disturbance.
3Technical standards and methods approved by the Director.
(Code 1976, § 15.05.060) :::
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Sec. 10-169. Performance standards for construction sites under one acre.
aResponsible party. The responsible party shall comply with this section.
bErosion and sediment control practices. Erosion and sediment control practices at each site where land disturbing construction activity is to occur shall be used to prevent or reduce all of the following:
1The deposition of soil from being tracked onto streets by vehicles.
2The discharge of sediment from disturbed areas into on-site stormwater inlets.
3The discharge of sediment from disturbed areas into adjacent waters of the state.
4The discharge of sediment from drainage ways that flow off the site.
5The discharge of sediment by dewatering activities.
6The discharge of sediment eroding from soil stockpiles existing for more than seven days.
7The transport by runoff into waters of the state of chemicals, cement, and other building compounds and materials on the construction site during the construction period; however, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subdivision.
cLocation. The BMPs shall be located so that treatment occurs before runoff enters waters of the state.
dImplementation. The BMPs used to comply with this section shall be implemented as follows:
1Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin.
2Erosion and sediment control practices shall be maintained until final stabilization.
3Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.
4Temporary stabilization activity shall commence when land disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
5BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
eInspection and maintenance records. The responsible party shall inspect and maintain records as follows:
1Inspect the BMPs within 24 hours after each rainfall of 0.5 inches or more which results in runoff during active construction periods, and at least once each week and document these inspections in a log that also includes the date of inspection, the name of the person conducting the inspection, and a description of the present phase of the construction at the site.
2Provide written notification to the Director of any failures in existing BMPs allowing sediment transport off site, make needed repairs, and install additional BMPs as necessary.
(Code 1976, § 15.05.070) :::
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Sec. 10-170. Performance standards for construction sites of one acre or more.
aResponsible party. The responsible party shall comply with this section and implement the erosion and sediment control plan developed in accordance with Section 10-172.
bErosion and sediment control plan. A written site-specific erosion and sediment control plan shall be developed in accordance with Section 10-172 and implemented for each construction site.
cErosion and other pollutant control requirements. The erosion and sediment control plan required under Subsection (b) of this section shall include the following:
1Erosion and sediment control practices. Erosion and sediment control practices at each site where land disturbing construction activity is to occur shall be used to prevent or reduce all of the following:
a. The deposition of soil from being tracked onto streets by vehicles.
b. The discharge of sediment from disturbed areas into on-site stormwater inlets.
c. The discharge of sediment from disturbed areas into adjacent waters of the state.
d. The discharge of sediment from drainageways that flow off the site.
e. The discharge of sediment by dewatering activities.
f. The discharge of sediment eroding from soil stockpiles existing for more than seven days.
g. The discharge of sediment from erosive flows at outlets and in downstream channels.
h. The transport by runoff into waters of the state of chemicals, cement, and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subsection.
i. The transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing.
2Sediment performance standards. In addition to the erosion and sediment control practices under Subsection (c)(1) of this section, the following erosion and sediment control practices shall be employed:
a. BMPs that, by design, discharge no more than five tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization.
b. No person shall be required to employ more BMPs than are needed to meet a performance standard in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the requirements of this subsection. Credit may be given toward meeting the sediment performance standard of this section for limiting the duration or area, or both, of land disturbing construction activity, or for other appropriate mechanisms.
c. Notwithstanding Subsection (c)(2)a of this section, if BMPs cannot be designed and implemented to meet the sediment performance standard, the erosion and sediment control plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.
3Preventive measures. The erosion and sediment control plan shall incorporate all of the following:
a. Maintenance of existing vegetation, especially adjacent to surface waters whenever possible.
b. Minimization of soil compaction and preservation of topsoil.
c. Minimization of land disturbing construction activity on slopes of 20 percent or more.
d. Development of spill prevention and response procedures.
4Location. The BMPs used to comply with this section shall be located so that treatment occurs before runoff enters waters of the state.
dImplementation. The BMPs used to comply with this section shall be implemented as follows:
1Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin in accordance with the erosion and sediment control plan developed in Subsection (d)(2) of this section.
2Erosion and sediment control practices shall be maintained until final stabilization.
3Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.
4Temporary stabilization activity shall commence when land disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
5BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
(Code 1976, § 15.05.080) :::
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Sec. 10-171. Permitting requirements, procedures and fees.
aPermit required. No responsible party may commence a land disturbing construction activity subject to this chapter without receiving prior approval of an erosion and sediment control plan for the site and a permit from the Director.
bPermit application and fees. The responsible party that will undertake a land disturbing construction activity subject to this chapter shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of Section 10-172, and shall pay an application fee to the Director in accordance with the adopted erosion control and stormwater management fee schedule. By submitting an application, the applicant is authorizing the Director to enter the site to obtain information required for the review of the erosion and sediment control plan.
cPermit application review and approval. The Director shall review any permit application that is submitted with an erosion and sediment control plan, and the required fee. The following approval procedure shall be used:
1Within 15 business days of the receipt of a complete permit application, as required by Subsection (b) of this section, the Director shall inform the applicant whether the application and erosion and sediment control plan are approved or disapproved based on the requirements of this chapter.
2If the permit application and erosion and sediment control plan are approved, the Director shall issue the permit.
3If the permit application or erosion and sediment control plan is disapproved, the Director shall state in writing the reasons for disapproval.
4The Director may request additional information from the applicant. If additional information is submitted, the Director shall have 15 business days from the date the additional information is received to inform the applicant that the erosion and sediment control plan is either approved or disapproved.
5Failure by the Director to inform the permit applicant of a decision within 15 business days of a required submittal shall be deemed to mean approval of the submittal and the applicant may proceed as if a permit had been issued.
dSurety bond. As a condition of approval and issuance of the permit, the Director may require the applicant to deposit a surety bond or irrevocable letter of credit to guarantee a good faith execution of the approved erosion and sediment control plan and any permit conditions.
ePermit requirements. All permits shall require the responsible party to:
1Notify the within 48 hours of commencing any land disturbing construction activity.
2Notify the Director of completion of any BMPs within five days after their installation.
3Obtain permission in writing from the Director prior to any modification pursuant to Section 10-172 of the erosion and sediment control plan.
4Install all BMPs as identified in the approved erosion and sediment control plan.
5Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan.
6Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land disturbing construction activities and document repairs in a site inspection log.
7Inspect the BMPs within 24 hours after each rain of 0.5 inches or more which results in runoff during active construction periods, and at least once each week. Make needed repairs and install additional BMPs as necessary, and document these activities in an inspection log that also includes the date of inspection, the name of the person conducting the inspection, and a description of the present phase of the construction at the site.
8Allow the Director to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the erosion and sediment control plan. Keep a copy of the erosion and sediment control plan at the construction site.
fPermit conditions. Permits issued under this section may include conditions established by the Director in addition to the requirements set forth in Subsection (e) of this section, where needed to ensure compliance with the performance standards in Section 10-169 or 10-170.
gPermit duration. Permits issued under this section shall be valid for a period of one year, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The Director may grant one or more extensions not to exceed 180 days cumulatively. The Director may require additional BMPs as a condition of an extension if they are necessary to meet the requirements of this article.
hMaintenance. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this chapter until the site has undergone final stabilization.
(Code 1976, § 15.05.090) :::
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Sec. 10-172. Erosion and sediment control plan, statement and amendments.
aErosion and sediment control plan statement. For each construction site identified under this article, an erosion and sediment control plan statement shall be prepared. The statement shall be submitted to the Director. The erosion and sediment control plan statement shall briefly describe the site, the development schedule, and the BMPs that will be used to meet the requirements of this chapter. A site map shall also accompany the erosion and sediment control plan statement.
bErosion and sediment control plan requirements.
1An erosion and sediment control plan shall be prepared and submitted to the Director.
2The erosion and sediment control plan shall be designed to meet the performance standards in Sections 10-169 and 10-170 and other requirements of this article.
3The erosion and sediment control plan shall address pollution caused by soil erosion and sedimentation during construction and up to final stabilization of the site. The erosion and sediment control plan shall include, at a minimum, the following items:
a. Name and address of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm. The application shall also include start and end dates for construction.
b. Description of the construction site and the nature of the land disturbing construction activity, including representation of the limits of land disturbance on a United States Geological Service 7.5-minute series topographic map.
c. Description of the intended sequence of major land disturbing construction activities for major portions of the construction site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.
d. Estimates of the total area of the construction site and the total area of the construction site that is expected to be disturbed by land disturbing construction activities.
e. Calculations to show the compliance with the performance standard in this article.
f. Existing data describing the surface soil as well as subsoils.
g. Depth to groundwater, as indicated by Natural Resources Conservation Service soil information where available.
h. Name of the immediate named receiving water from the United States Geological Service 7.5-minute series topographic maps.
4The erosion and sediment control plan shall include a site map. The site map shall include the following items and shall be at a scale not greater than 100 feet per inch and at a contour interval not to exceed two feet:
a. Existing topography, vegetative cover, natural and engineered drainage systems, roads and surface waters. Lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site shall be shown. Any identified 100-year floodplains, flood fringes and floodways shall also be shown.
b. Boundaries of the construction site.
c. Drainage patterns and approximate slopes anticipated after major grading activities.
d. Areas of soil disturbance.
e. Location of major structural and non-structural controls identified in the erosion and sediment control plan.
f. Location of areas where stabilization BMPs will be employed.
g. Areas which will be vegetated following land disturbing construction activities.
h. Area and location of wetland on the construction site, and locations where stormwater is discharged to a surface water or wetland within one-quarter mile downstream of the construction site.
i. Areas used for infiltration of post-construction stormwater runoff.
j. An alphanumeric or equivalent grid overlying the entire construction site map.
5Each erosion and sediment control plan shall include a description of appropriate control BMPs that will be installed and maintained at the construction site to prevent pollutants from reaching waters of the state. The erosion and sediment control plan shall clearly describe the appropriate erosion and sediment control BMPs for each major land disturbing construction activity and the timing during the period of land disturbing construction activity that the erosion and sediment control BMPs will be implemented. The description of erosion and sediment control BMPs shall include, when appropriate, the following minimum requirements:
a. Description of interim and permanent stabilization practices, including a BMP implementation schedule. The erosion and sediment control plan shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized.
b. Description of structural practices to divert flow away from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from the site. Unless otherwise specifically approved in writing by the Director, structural measures shall be installed on upland soils.
c. Management of overland flow at all areas of the construction site, unless otherwise controlled by outfall controls.
d. Trapping of sediment in channelized flow.
e. Staging land disturbing construction activities to limit exposed soil areas subject to erosion.
f. Protection of downslope drainage inlets where they occur.
g. Minimization of tracking at all vehicle and equipment entry and exit locations of the construction site.
h. Clean up of off-site sediment deposits.
i. Proper disposal of building and waste material.
j. Stabilization of drainage ways.
k. Installation of permanent stabilization practices as soon as possible after final grading.
l. Minimization of dust to the maximum extent practicable.
6The erosion and sediment control plan shall require that velocity dissipation devices be placed at discharge locations and along the length of any outfall channel as necessary to provide a non-erosive flow from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected.
cErosion and sediment control plan amendments. The applicant shall amend the erosion and sediment control plan if any of the following occur:
1There is a change in design, construction, operation or maintenance at the site which has the reasonable potential for the discharge of pollutants to waters of the state and which has not otherwise been addressed in the erosion and sediment control plan.
2The actions required by the erosion and sediment control plan fail to reduce the impacts of pollutants carried by construction site runoff.
3The Director notifies the applicant of changes needed in the erosion and sediment control plan.
(Code 1976, § 15.05.100) :::
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Sec. 10-173. Fee schedule.
The fees referred to in other sections of this chapter shall be established by the City Manager and may from time to time be modified at any time, and the City Council shall be advised of these rates. A schedule of the fees established by the City Manager shall be available for review in the Director's Office.
(Code 1976, § 15.05.110) :::
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Sec. 10-174. Inspection.
If land disturbing construction activities are occurring without a permit required by this article, the Director may enter the land pursuant to the provisions of Wis. Stats. § 66.0119(1), (2), and (3).
(Code 1976, § 15.05.120) :::
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Sec. 10-175. Enforcement.
aThe Director may post a stop-work order if any of the following occurs:
1Land disturbing construction activity regulated under this chapter is occurring without a permit.
2The erosion and sediment control plan is not being implemented in good faith.
3The conditions of the permit are not being met.
bIf the responsible party does not cease activity as required in a stop-work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the Director may revoke the permit.
cIf the responsible party, where no permit has been issued or the permit has been revoked, does not cease the activity after being notified by the Director, or if a responsible party violates a stop-work order posted under Subsection (a) of this section, the Director may request the City Attorney to obtain a cease and desist order in any court with jurisdiction.
dThe Director, or Board of Appeals, may retract the stop-work order issued under Subsection (a) of this section or the permit revocation under Subsection (b) of this section.
eAfter posting a stop-work order under Subsection (a) of this section, the Director may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this chapter. The Director may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection under the direction of the Director, plus interest at the rate authorized by City Clerk-Treasurer shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Wis. Stats. subchapter VII of Ch. 66.
fAny person violating any of the provisions of this chapter shall be subject to the relief, enforcement, and penalties set forth in Article VII of this Chapter, as from time to time amended, revised, or renumbered. Each day a violation exists shall constitute a separate offense. Also incorporated herein as if fully set forth verbatim as additional relief are the provisions set forth in Wis. Stats. § 62.23(8), as from time to time amended, revised, or renumbered.
gCompliance with the provisions of this chapter may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.
(Code 1976, § 15.05.130) :::
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Sec. 10-176. Appeals.
aBoard of Appeals. The City Plan Commission shall serve as the Board of Appeals. The Board of Appeals:
1Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Director in administering this chapter except for cease and desist orders obtained under Section 10-175(c);
2May authorize, upon appeal, variances from the provisions of this article which are not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship; and
3Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
bWho may appeal. Appeals to the Board of Appeals may be taken by any aggrieved person or by any Office, Department, or Board of the City of Janesville affected by any decision of the Director.
(Code 1976, § 15.05.140) :::
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Sec. 10-177. Severability.
If a court of competent jurisdiction judges any section, clause, provision or portion of this chapter unconstitutional or invalid, the remainder of the chapter shall remain in force and not be affected by such judgment.
(Code 1976, § 15.05.150) :::
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Secs. 10-178---10-205. Reserved.
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ARTICLE VI. NON-STRUCTURAL DEMOLITION AND SALVAGEABLE MATERIALS
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Sec. 10-206. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Building official means the Building Director or his or her designee.
Salvage means to remove salvageable material from a vacated building or structure for other than personal re-use by the owner of the real estate from which it was removed, without immediate functional replacement thereof. The term "immediate functional replacement thereof" includes, without limitation, functional replacement that occurs as a part of a remodeling process over time pursuant to a valid and subsisting building permit.
Salvageable material. Real or tangible personal property that:
1Was manmade;
2Was affixed with respect to real property;
3Is detachable from real property; and
4Has a resale value, either for re-use or as scrap.
Vacated building means a building or structure having occupiable space of over 20,000 square feet commercial and 50,000 square feet industrial that had a principal commercial/industrial use as its most recent use allowed by law, which principal use has ceased.
(Code 1976, § 15.07.010) :::
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Sec. 10-207. Permit.
aPermit. No person may salvage from a vacated building unless pursuant to a permit therefor granted by the Plan Commission and issued to the applicant.
bPermit application.
1The applicant may be the owner of the real estate, or the contractor hired by the owner. Under all circumstances, the applicant, if other than the owner, and the owner, shall be jointly and severally responsible for compliance with the terms of this chapter.
2Application for a permit, whether initial or renewal, shall be filed with the Building Division on forms created by the Building Official and provided by the City. The application for a permit shall, at a minimum, comply with Article I of this Chapter. The Building Official, Plan Commission, and/or City Council may require, and the applicant shall provide, additional information of a specific applicant prior to consideration and action on the permit.
3A permit fee must accompany the application. An application fee shall be paid to the City by the applicant when the one-time permit application is filed in an amount as established by the City Council from time to time, and as set out in the fee schedule as appears in this Code.
4An asbestos-containing material (ACM) inspection must be completed by a certified asbestos inspector separate from and prior to work under salvage permit. All asbestos-containing materials which require removal prior to salvaging will be removed from the building by a certified asbestos abatement contractor separate from and prior to the start of the work under a salvage permit. A Notice of Demolition DNR form #4500-113 must be completed for all commercial buildings or residential buildings of five or more dwelling units if asbestos is being removed prior to salvage. Proof of DNR approval must be submitted prior to issuance of a salvage permit.
cPermit grant. The Plan Commission shall consider the permit application but only after receiving the recommendation of the Building Official, which recommendation may not be unreasonably withheld. Prior to making its recommendation to grant or deny the application, the Plan Commission shall consider the application; the report, if any, of the Building Official; the expertise of the applicant; the effect of the proposed operation on the surrounding neighborhood; the effect on the City of having a stripped structure remain if the structure is not proposed to be immediately razed or immediately renovated; the presentation, if any, of the applicant; the comments of the public; and such other matters germane to the decision. In making a recommendation to grant, the Plan Commission shall address the following matters: the amount of the irrevocable letter of credit to be required by the permittee as a condition of issuance of the permit and as a requirement of operation; other state or local permits as required by law, rule, or regulation that must be obtained as a condition of issuance of the permit or as a condition of operation; reasonable special operating requirements to be required of the permittee in addition to those listed in Subsection (d) of this section, herein; and such other matters or limitations as the Plan Commission determines is necessary to protect the public interest. After grant and after all conditions of issuance have been satisfied, the Building Official shall issue the permit to the applicant, who may then be referred to herein as permittee or permit holder.
dIrrevocable letter of credit. As an additional condition of issuance by the Building Official of the permit, the applicant/permittee shall post with the City Clerk-Treasurer a sight-draft irrevocable letter of credit, payable immediately upon presentment, in an amount required by the Plan Commission and in a form approved by the City Attorney. The irrevocable letter of credit shall name the City as the beneficiary thereof and shall guarantee the timely and full lawful performance by the applicant/permittee of the salvage work and all other actions required by this chapter. The irrevocable letter of credit must be issued by a financial institution certified by the state to conduct such business within the State of Wisconsin, allowing for direct draw by the City upon demand without the necessity for any prior court action or approval by permittee, to complete the work or to repair damage that was the obligation of the permittee. The irrevocable letter of credit must contain, as a part of its provisions, that it remains as an obligation in favor of the City for not less than one year after completion of the last act of salvage by the permittee or after the expiration of a permit issued under this section to the permittee, whichever is later. In considering the amount of the irrevocable letter of credit, the Plan Commission shall consider: the recommendation, if any, of the Building Official; the expertise of the applicant; the longevity of the applicant; the capitalization of the applicant; the scope of the proposed project; the possible environmental hazards that could be created; the effect of the proposed operation on the surrounding neighborhood; the cost of remediation on the City should the City need to address any matter due to the unwillingness, failure, or inability of the permittee to complete its salvage and/or related obligations. Under extraordinary circumstances under which the Plan Commission determines that the requirement to obtain a letter of credit is unreasonable, the Plan Commission may, in the exercise of its discretion, authorize alternate security.
ePermit term.
1Initial term. The initial term for permits issued under this section shall be valid for a period of 365 days from the date of issue.
2Renewal term. A permit issued to the applicant is personal to the applicant/permittee and limited to the term granted. The permittee may not have an expectation in the renewal of the permit. The permits may be renewed at the discretion of the Building Official upon application, by a permittee, filed prior to expiration of the initial term or any renewal thereof. Each renewal may be granted for up to 90 additional days; no more than two renewals will be granted. Renewal is discretionary, not a matter of right, and sets no precedent for other cases for the same or any other person.
(Code 1976, § 15.07.020) :::
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Sec. 10-208. Operating requirements.
The following general operating requirements shall apply to all permittees or those working for a permittee subject to terms of the permit in accordance with the provisions of this article:
1The permit issued pursuant to this article, at all times, shall be conspicuously displayed upon the premises upon which the building or structure is located.
2The building and premises shall, at all times, be maintained in as clean, neat, and sanitary of a condition as such premises will reasonably permit, in the sole opinion of the Building Official and/or his or her designee.
3No garbage, refuse, or other waste liable to give off a foul odor or attract vermin shall be kept on the premises, except for domestic garbage which shall be kept in containers which are, in the opinion of the Building Official or the Health Administrator, rodent-proof, and removed from the premises as often as is necessary to provide a sanitary environment.
4Work done under this permit is subject to inspection by the Building Official and/or his or her designee.
5The permittee shall have the responsibility, at all times, to obtain, pay for, and maintain policies of insurance in the following minimum amounts, naming the City of Janesville as an additional and/or co-insured for all entities or natural persons doing work upon the property, building, and/or structure, or associated with the work under the permit, and shall maintain on file with the City Clerk-Treasurer current certificate of insurance for same:
a. Commercial general liability.
- General aggregate: $1,000,000.00.
2. Each occurrence: $1,000,000.00.
b. Automobile liability (owned, non-owned, leased).
- Bodily injury: $1,000,000.00 each occurrence.
2. Property damage: $1,000,000.00 each occurrence.
c. Pollution legal liability. $5,000,000.00 each loss where asbestos removal, environmental process, abatement, remediation, or dumping/disposal in a federal or state regulated facility is required; the Plan Commission may require a greater or lesser minimum amount down to and including zero of Pollution Legal Liability insurance policy, depending on the circumstances of the project that is the subject of the permit.
d. Workers' compensation. Statutory limits.
e. Umbrella liability. $2,000,000.00 over the primary Commercial General Liability and Automobile Liability insurance coverages listed above.
6No scrap salvage or debris which is temporarily stored on the premises shall be allowed to rest or protrude over any public street, walkway, terrace, other public property, or curb, or become scattered about or blown off the premises, or become a nuisance or hazard of any kind.
7No mechanized process whatsoever shall be utilized on the premises to reduce salvageable material or debris in volume after such salvageable material has been detached from the real property, unless a special exception is provided therefor by the Plan Commission. Such prohibited mechanized processes include, but are not limited to, crushers or shredders.
8No premises, structure, or building subject to a permit shall be allowed to become a public nuisance or be operated in such a manner as to adversely affect the public health, safety, or welfare.
9There shall be full compliance with City Building, Fire and Health Codes and with all other City, county, state and federal laws, rules or regulations which may be applicable.
10The permit holder shall, during the salvage process and term of the permit and any and all renewals and extensions thereof, maintain the work site in a safe and secure condition.
11The permit holder shall dispose of building and structure debris in a licensed landfill, except for salvaged materials. At any time, the permit holder shall produce to the Code Official receipts and/or an itemized list of debris disposed of by dumping or salvage.
12The permit holder must meet standards, pursuant to provisions of Chapter 30 (Solid Waste and Recycling) as from time to time amended and/or renumbered.
13The permit holder shall be responsible for disconnections of utilities, including, but not limited to, plumbing and electrical, necessary for the salvaging process, and shall provide evidence satisfactory to the Building Official and/or his or her designee that the necessary disconnections have been accomplished.
14The irrevocable letter of credit imposed as a condition of issuance of the permit shall be maintained operative and in effect at all times in the manner set forth in this article.
15Permittee shall comply with all orders of the Plan Commission imposed at the granting of the permit or at any other time.
16Permittee must provide to the City, and must maintain current, a list of contractors and subcontractors doing work that is subject to a permit issued pursuant to this section, which list of contractors shall include proof of valid and subsisting policies of insurance in satisfaction of the general operating requirements specified herein. As used herein, the term "maintain current" means that the list filed with the City is updated by the permittee prior to the contractor and subcontractor commencing work pursuant to the permit.
(Code 1976, § 15.07.030) :::
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Sec. 10-209. Inspections.
Permit holders and property owners shall permit authorized representatives of any department of the City having enforcement powers to inspect, from time to time and at any time, the premises permitted and those proposed to be permitted, with or without advance notice, as often as may be required to permit said departments, the Building Official and/or his or her designee to perform his or her, and/or their duties to facilitate compliance with the permittee's requirements under this chapter, without first obtaining a special inspection warrant. Inspections shall be made. The unreasonable or unexcused failure and/or refusal by any person to permit such inspection shall be grounds for permit denial, suspension, revocation, enforcement, the imposition of fee penalties, the imposition of other penalties, the issuance and execution of a special inspection warrant, and/or such other relief as provided in law and equity, all such remedies being cumulative and not exclusive in favor of the City, its Building Official, and/or his or her designee.
(Code 1976, § 15.07.040) :::
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Sec. 10-210. Summary suspension.
If in the sole opinion of the Building Official and/or his or her designee, any member of the public is or might be subject to imminent danger due to the action, failure, refusal, default, and/or violation by the permittee of any one or combination of more than one of the general operating requirements and/or any other provision and/or requirements set forth in this article and/or elsewhere, the Building Official and/or his or her designee, shall issue an order to the permittee requiring immediate cessation of those operations implicating the imminent danger to person or property. Pursuant to such order, the permittee shall forthwith cause such operation, action, failure, refusal, default, and/or violation to cease in the manner as directed in the order. Failure to maintain insurance, as required, failure to maintain the irrevocable letter of credit, as required, or to permit inspection as required are each separate and distinct per se violations implicating imminent danger to the public necessitating an order to cease all operations and/or for the permittee to take one or more other corrective action. In the event that an order to the permittee requiring immediate cessation and/or other action is issued by the Building Official, et al., such order shall be considered by the Plan Commission no later than at its next regular meeting. The Plan Commission, after hearing from the Building Official, the permittee, other person, and the public, shall affirm the order, reverse the order, or modify the order. The decision of the Plan Commission may be appealed to the City Council by either the Building Official or the permittee.
(Code 1976, § 15.07.050) :::
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Sec. 10-211. Non-renewal or revocation disciplinary hearings.
Disciplinary hearings, including nonrenewal, suspension, revocation, modification, and/or other relief/remedy hearings, shall be held before the Plan Commission. The Plan Commission shall determine whether the arguments shall be presented orally or in writing, or both. If the Plan Commission, after considering the Building Official's report and any arguments presented by the Building Official and permittee, find the complaint to be true, or if there is no objection to a report recommending a suspension, revocation, nonrenewal, modification, and/or other relief/remedy, the permit shall be suspended, revoked, not renewed, modified, and/or other relief and/or remedy as provided by the Plan Commission. If the Plan Commission finds the complaint untrue, the proceedings shall be dismissed without cost to the accused or City. The decision of the Plan Commission may be appealed to the City Council by either the Building Official or the permittee. The Building Official shall give notice of each suspension, revocation, nonrenewal, modification, and/or other relief/remedy to the party whose permit is affected.
(Code 1976, § 15.07.060) :::
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Sec. 10-212. Non-transferability of permit.
Permits issued hereunder are personal to the applicant and are not transferable from person to person. Permits issued hereunder are issued to a particular site and are not transferable from place to place.
(Code 1976, § 15.07.070) :::
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Sec. 10-213. Enforcement.
The Building Director or his or her designee shall have the primary responsibility to enforce this article. Enforcement authority is as set forth in Article VII of this chapter.
(Code 1976, § 15.07.080) :::
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Sec. 10-214. Penalty.
aFailure to obtain a permit prior to commencement of work will result in a penalty of $100.00 or double the permit fee, whichever is greater, but in no event shall the penalty exceed $2,000.00. Such penalty shall be paid in addition to the customary permit fee.
bA $100.00 re-inspection fee shall be charged by the City against and paid by the property owner if the violation is not corrected by the re-inspection date. One hundred dollars will be charged for each subsequent re-inspection until full compliance is achieved. Re-inspection fees that are not timely paid shall be entered upon the tax roll as a special charge against the lot or parcel of land, pursuant to the provisions of Wis. Stats. § 66.0627, as from time to time amended or renumbered.
cAdditional penalties, remedies, and relief for violations hereof are as set forth in Article VII of this chapter, as from time to time amended or renumbered.
dAll double and other permit fees, re-inspection fees, relief, remedies, penalties, and enforcement set forth in this article and/or at law or equity are cumulative and not exclusive.
(Code 1976, § 15.07.090) :::
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Secs. 10-215---10-236. Reserved.
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ARTICLE VII. CODE ENFORCEMENT AND PENALTIES
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Sec. 10-237. Enforcement; authority; duties, generally.
aIt shall be the duty and responsibility of the Building Official to enforce the provision of this chapter. The term "Building Official," used in this article, shall have the same meaning as the term "Building Director" in Section 10-8. When used in this article, the term "Building Code" shall include all provisions adopted under this chapter.
bWhen the Building Official determines that there may be a violation of any provision of this chapter or a situation which affects the health or safety of the general public or the occupants of the building, the Building Official shall proceed to take necessary action as provided for in Sections 10-237 through 10-246.
(Code 1976, § 15.80.010; Ord. No. 82-302, § 2(part), 1982) :::
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Sec. 10-238. Enforcement; authority; inspection duties.
aInspection of buildings or structures and the issuing of orders in connection therewith, under the provisions of the Building Code, shall be the responsibility of the Building Official or his or her designee. Whenever, in the opinion of the Building Official, it is necessary or desirable to have inspections of any conditions by any other department, he or she shall arrange for this to be done in such manner that the owners or occupants of buildings shall not be subjected to visits by numerous inspectors nor to multiple or conflicting orders. No order for corrections of any violation under the Building Code shall be issued without the approval of the Building Official. It shall be the responsibility of the Building Official, before issuing any such order, to determine that it has the concurrence of other departments or officials of the government concerned with any matter involved in the case in question.
bWhen the Building Official determines that there are reasonable grounds to believe that a violation of any provision of this chapter may exist or that conditions exist when adversely affect the health, safety and welfare of the occupants or the public, he or she may make or cause to be made inspections to determine the conditions of buildings or structures in order to safeguard the safety, health and welfare of the public under the provisions of the Building Code. The Building Official is authorized to enter any building, structure or premises at any reasonable time for the purpose of performing his or her duties under the Building Code. The owner, operator or occupant of every building or structure, or the person in charge thereof, shall give the Building Official free access thereto, and to all parts thereof, and to the premises on which it is located at all reasonable times for the purpose of such inspection. All the enforcement provisions of the Building Code are subject to the constitutional laws of the United States and the state, and all rights of individuals as defined therein.
(Code 1976, § 15.80.020; Ord. No. 82-302, § 2(part), 1982) :::
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Sec. 10-239. Access by dwelling owner or operator.
Every occupant of a building or structure shall give the owner or operator thereof, or his or her agent or employee, access to any part of such building or structure at reasonable times for the purpose of making such inspections, maintenance, repairs, or alterations as are necessary to comply with the provisions of the Building Code.
(Code 1976, § 15.80.030; Ord. No. 82-302, § 2(part), 1982) :::
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Sec. 10-240. Enforcement; methods.
In enforcing the Building Code, the Building Official or any other person authorized to enforce it may do so by condemnation, vacation of building, order to correct violation, citation procedure, forfeiture action, injunctive relief, or any combination of those remedies.
(Code 1976, § 15.80.040; Ord. No. 82-302, § 2(part), 1982) :::
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Sec. 10-241. Old, condemned, dangerous, deteriorated, damaged, dilapidated and/or unfit buildings and structures.
aRaze or repair order for dangerous structures. If all or part of any building or structure (including, among others, a fence, billboard or sign), or the equipment for the operation thereof (including, among others, the heating plants, plumbing, electric wiring, moving stairways, elevators and fire extinguishing apparatus) is found, in the opinion of the Building Inspector, his or her designee and/or other appropriate City Code Official (hereinafter in this section the "Building Official"), to be so old, dilapidated, damaged, deteriorated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use, or where there has been a cessation of normal construction for a period of more than two years, he or she may proceed to issue a raze or repair order, or, if he or she determines based upon the particular facts and circumstances that it would be unreasonable to repair the same and/or constitute a safety hazard or a danger to the public, (the public safety and danger to the public determination) shall issue a condemnation order against that building and/or structure. If a raze or repair order is issued, and if the property owner desires to repair said building or structure, he or she must provide to City official the following documents:
1A compliance agreement.
a. The compliance agreement shall be signed by, dated, and binding upon the property owner and shall set forth and itemize all the repairs to be performed by the property owner in order to make the building or structure fit for human habitation, compliant and in full conformity with all applicable ordinances and other laws and regulations. The agreement shall provide a detailed schedule of the work to be done and the timeframe in which each item will be completed. The maximum term for a compliance agreement shall be one year from the date the property owner is first notified of the violation. If all repairs are not fully and satisfactorily completed within the scheduled timeframe, the raze or repair order shall also serve as a condemnation order and agreement. In the event that the property owner at any time breaches or fails to comply with any of the provisions of the compliance agreement, the City may, without any further notice, raze and remove and/or cause the razing and removal of the building or structure solely at the cost and expense of the property owner and/or otherwise condemn and/or remove the building or structure as allowed by law.
b. Written bids from legitimate contractors or other sources approved by the Building Inspector and/or his or her designee for repairs and an estimated pricing schedule outlining the costs associated with bringing the building or structure to full compliance.
c. The property owner must show proof to the City that he or she has the financial resources to repair the building or structure in the form of savings, loans or other form of financial assurance as requested or required by the Building Inspector and/or his or her designee.
d. The Building Official may add additional provisions, requirements, conditions and timeframes to the compliance agreement as he or she may determine appropriate, necessary and/or desirable based upon the particular facts and circumstances pertaining to the applicable building or structure.
e. The property owner must provide a fully completed, acceptable and executed written compliance agreement to the Building Official within 30 days of the happening of the event that caused the damage to the building or structure or issuance of the raze or repair order. Failure to do so shall result in a waiver by the property owner of the opportunity to repair the building or structure or avail himself or herself of the repair opportunities set forth in this and related ordinances, and the City shall either proceed under the original raze or repair order or otherwise condemn, raze, remove and/or cause the razing and/or removal of that particular building or structure. The Building Official upon his or her finding of good cause, may extend the 30-day time period, but in no event shall any compliance agreement be approved or accepted by the City if not provided by the property owner in fully completed, acceptable and executed form to the Building Official within 90 days of the happening of the event that damaged the building or structure.
f. The one-year time period within which all repairs must be fully and satisfactorily performed by the property owner shall not be extended by the City for any reason whatsoever.
g. In the event that any of the requirements set forth in this article and related ordinances are not fully, timely and satisfactorily complied with by the property owner, then the Building Official shall either proceed under the original raze or repair order, otherwise condemn the building or structure in accord with the applicable condemnation and/or provisions of law, raze and remove, and/or cause the razing and removal of the building or structure.
h. The compliance agreement is subject to the public safety and danger to the public determination of the Building Official, notwithstanding any provision of this article or any other ordinance to the contrary.
2If the property owner elects to raze the building or structure, such work shall be solely at the property owner's expense, completed within three months of the date the building or structure was damaged, and the site returned to a dust-free, erosion-free condition by the owner and otherwise according to law.
bCondemnation orders may be issued in the manner set forth above or as otherwise provided by law in the event that a building or structure has been, because of fire, storms, other natural disasters or other official causes, damaged and/or has become so old, dilapidated, deteriorated, uninhabitable, dangerous, damaged, unsafe or defective as to render the estimated cost of repairs to exceed 50 percent of the equalized assessed value of the building or structure, and, in the opinion of the Building Official, presents a safety hazard and/or danger to the public. Such orders shall be issued in accordance with Wis. Stats. § 66.0413, as from time to time amended or renumbered.
(Code 1976, § 15.80.050) :::
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Sec. 10-242. Vacation of unfit buildings; procedure.
aWhenever the Building Official finds that any building or structure constitutes a hazard to the safety, health or welfare of the occupants or to the public because it lacks maintenance; or is in disrepair, unsanitary, vermin-infested or rodent-infested; or lacks sanitary facilities or equipment; or otherwise fails to comply with the minimum provisions of the Building Code, but has not yet reached such a state of complete disrepair as to be condemned as a dangerous structure as provided in Section 10-241, he or she may declare such building as unfit for human habitation, and order it to be vacated.
bThe order to vacate shall be in writing and shall contain the following information:
1A description of the premises sufficient for identification.
2An order that the building be vacated by a specified time, and that the building, when vacated, must remain vacant until the provisions of the order are complied with and the order to vacate is withdrawn.
3Specification of the condition requiring vacation and the City ordinance, regulation or state law which is being violated, an order that the same be corrected, and the chapter and section of the Code under which such order is issued.
4A statement of the penalty for defacing or removal of the copy of the order.
5The name of the Building Official ordering vacation and the name of the department issuing the order.
6The date of service and posting of the order.
cA copy of the order shall be posted on the premises, and shall be served on the owner and occupants as provided in Section 10-244.
dWhen the Building Official is satisfied that the order to correct the hazard or condition has been complied with, he or she shall withdraw the order to vacate, notify the owner in writing, and remove the posted copy.
eThe Building Official shall furnish a copy of all orders to vacate, and notices of withdrawal thereof, to any other official concerned therewith.
fIt shall be the duty of the owner of a building to notify the occupants of the withdrawal of any order to vacate issued pursuant to this section. Any damage, loss or injury to either the owner or occupants of a building, structure or premises ordered to be vacated shall not be the responsibility of the City of Janesville, unless directly caused by the City's negligence. Any damage, loss or injury to either the owner or occupants of a building, structure or premises ordered to be vacated shall be the responsibility of the person who caused the problem to exist.
(Code 1976, § 15.80.060; Ord. No. 82-302, § 2(part), 1982) :::
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Sec. 10-243. Order to correct violations; requirements.
aWhere a violation of the Building Code exists which, in the opinion of the Building Official, does not require condemnation or vacation, he or she may order the owner or occupant to correct the violation.
bThe order to correct shall be in writing and shall contain the following information:
1A description of the premises sufficient for identification.
2An order to correct the violation.
3Specification of the condition requiring repair or correction, the City ordinance, regulation or state law which is being violated, and the chapter and section of the Code under which such order is issued.
4A reasonable time period in which the condition is to be corrected, normally at least 30 days, but correction of emergency conditions and repairs or sewer and water services may be required to be performed immediately.
5The name of the Building Official ordering correction and the name of the department issuing the order.
6The date of service of the order.
cA copy of the order shall be served as provided in Section 10-244 on the owner or occupant being ordered to correct the violation. For informational purposes, a copy of the order shall be sent by regular mail to any owner not being ordered to correct and not being served.
(Code 1976, § 15.80.070; Ord. No. 82-302, § 2(part), 1982; Ord. No. 82-329, § 3(part), 1983) :::
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Sec. 10-244. Order to correct violations---Posting and serving procedures.
aOrders to correct violations shall be served upon the owner of record by first class mail at the address listed on the most recent property tax bill or by delivering the order to the owner personally. When the owner or record does not have an address listed with the Building Division office, the order may be served:
1By delivering the order to the owner personally;
2By first class mail addressed to the owner at the last-known address as shown on the most recent property tax bill for the property affected by the order; or
3By posting the order in a conspicuous place on the exterior of the structure affected by the order.
bAn owner shall notify a purchaser, in writing, that an order has been issued concerning a violation of this Code, whenever the condition of the property giving rise to the order has not been corrected. Any owner who fails to give written notice to a purchaser, prior to acceptance of a written offer to purchase, of an order concerning the property shall be subject to a forfeiture as provided in Section 10-247. No owner may accept an offer to purchase which was made prior to the disclosure required by this subsection, unless the purchaser acknowledges receipt of a notice of outstanding orders and a willingness to proceed despite such knowledge.
(Code 1976, § 15.80.080; Ord. No. 82-302, § 2(part), 1982) :::
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Sec. 10-245. Order to correct violations---Removal of posted copy.
No person shall deface or remove a posted copy of an order from any building upon which it has been placed under this article except by authority in writing from the Building Official.
(Code 1976, § 15.80.090; Ord. No. 82-302, § 2(part), 1982) :::
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Sec. 10-246. Order to correct violations---Failure to do so.
In case any order is not promptly complied with, the Building Official may follow any, several, or all of the following procedures: Request the City Attorney to institute an appropriate action or proceeding at law or in equity against the owner, operator or other person responsible for violation, ordering him or her to:
1Restrain, correct or remove the violation, or refrain from any further execution of work;
2Restrain or correct the erection, installation, or alteration of such building in violation of the Building Code;
3Remove work in violation;
4Prevent the occupancy or use of the building, structure, or part thereof erected, constructed, installed or altered in violation of or not in compliance with the provisions of the Building Code or in violation of a plan or specification under which an approval, permit or certificate was issued; or
5Pay a forfeiture pursuant to the penalty provisions of the Building Code.
(Code 1976, § 15.80.100; Ord. No. 82-302, § 2(part), 1982) :::
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Sec. 10-247. Violation; penalty.
aAny person, firm or corporation, or any officer of any corporation, who violates or causes to be violated any provision of the Building Code or any order issued under the provisions of the Building Code shall, upon conviction thereof, be fined not less than $25.00, nor more than $500.00, together with the costs of prosecution and in default of payment thereof shall be committed to the Rock County Jail for a term of not less than five days nor more than 60 days.
bIt shall be the responsibility of the offender to abate the violations as expeditiously as possible.
cEach and every day that a violation continues constitutes a separate offense.
dThe City, in addition to the above penalties, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove the violation, and/or the City Council may revoke any license or permit.
eIf, in any action, a permit was issued, it shall not constitute a defense, nor shall any error, oversight, or dereliction of duty on the part of the Building Inspector constitute a defense.
(Code 1976, § 15.80.110) :::
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Chapter 18 HOUSING
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ARTICLE I. IN GENERAL
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Secs. 18-1---18-18. Reserved.
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ARTICLE II. FAIR HOUSING CODE13
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Sec. 18-19. Intent; declaration of policy.
aIt is the express policy and intent of the City of Janesville ("City") to protect its residents from discrimination in housing and to render discrimination in housing unlawful. It is the declared policy of the City that all persons shall have an equal opportunity for housing regardless of race, color, sex, national origin, religion, disability/handicap, family/familial status, age, ancestry, marital status, lawful source of income, sexual orientation; status as a victim of domestic abuse, sexual assault, or stalking; or gender identity and/or gender expression.
bIt is the intent of the City to hereby create an administrative process to enforce equal opportunity in housing for all residents of Janesville.
cFurthermore, it is the intent of the City and this chapter to render discrimination in housing unlawful, and to assist in the orderly prevention and removal of all discrimination in housing through the powers granted under current Wisconsin law, including, but not limited to, Wis. Stats., §§ 66.1011 and 101.132, and such other applicable statutes as may, from time to time, amend, supersede, supplant or in any way modify, change, or add to these statutory provisions.
(Ord. No. 2019-774, § I(16.04.010), 12-9-2019) :::
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Sec. 18-20. Title; Fair Housing Code.
This chapter shall be known and may be referred to as the "Fair Housing Code" and/or as the "Fair Housing Code of the City of Janesville."
(Ord. No. 2019-774, § I(16.04.020), 12-9-2019) :::
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Sec. 18-21. Definitions.
In this chapter, unless the context requires otherwise:
Advertise means to publish, circulate, issue, or display, or cause to be published, circulated, issued, or displayed, any communication, notice, advertisement, or sign in connection with the sale, financing, or rental of housing.
Age, in reference to a member of a protected class, means at least 18 years of age.
Complainant means any person who files a complaint alleging discrimination in housing under this chapter.
Complaint means the written allegation of one or more violations of any provision of this chapter, naming the alleged violator(s), filed with the Fair Housing Officer, and otherwise completed and filed in accord with the time limit and other provisions set forth in this chapter.
Disability means an actual or perceived physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment, or being regarded as having such an impairment. Disability does not include the current illegal use of a controlled substance, as defined in Wis. Stat. § 961.01(4), or a controlled substance analog, as defined in Wis. Stat. § 961.01(4m), unless the individual is participating in a supervised drug rehabilitation program.
Discriminate, discrimination, and discriminating mean to segregate, separate, exclude, or treat, to any degree, any person or class of persons unequally, unless expressly exempted by this chapter, because of race, color, sex, national origin, religion, disability/handicap, family/familial status, age, ancestry, marital status, lawful source of income, sexual orientation; status as a victim of domestic abuse, sexual assault, or stalking; or gender identity and/or gender expression.
Discriminate, discrimination, and discriminating against the handicapped includes a refusal to permit, at the expense of a handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; and a refusal to make reasonable accommodations in rules, policies, practices, or services when such an accommodation may be necessary to afford such person equal opportunity to use and enjoy a residential, rental dwelling.
Emotional support animal means an animal that provides emotional support, well-being, comfort, or companionship for an individual but that is not trained to perform specific tasks directly related to the disability for the benefit of an individual with a disability.
Fair Housing Officer means the person, appointed from time to time by and serving for an indeterminate period at the pleasure of the City Manager, with whom a complaint is filed, and who administers the complaint review and determination process.
Familial status means one or more individuals (who have not attained the age of 18 years) and who are domiciled with: (1) a parent or another person having legal custody of such individual or individuals; or (2) the designee of such parent or other person having such custody, with the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
Family status means any of the following conditions that apply to a person seeking to rent or purchase housing or to a member or prospective member of the person's household regardless of the person's marital status:
1A person is pregnant.
2A person is in the process of securing sole or joint legal custody, periods of physical placement, or visitation rights of a minor child.
3A person's household includes one or more minor or adult relatives.
4A person's household includes one or more adults or minor children in his or her legal custody or physical placement, or with whom he or she has visitation rights.
5A person's household includes one or more adults or minor children placed in his or her care under a court order, under a guardianship, or with the written permission of a parent or other person having legal custody of the adult or minor child.
Gender identity and/or gender expression means a person's gender related self-identity, appearance, expression, or behavior, regardless of the person's assigned sex at birth.
Handicap and handicapped mean a physical or mental impairment or the perception of a physical or mental impairment which substantially limits one or more of the person's major life activities, or a record of having such an impairment, or being regarded of having such an impairment; but such terms do not include current, illegal use of, or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802) as from time to time amended).
Hearing means a formal and/or informal hearing or other fact finding gathering, meeting, procedure, and/or process under the jurisdiction and direction of an appointed Hearing Examiner.
Hearing Examiner means the person(s) appointed by the Fair Housing Officer to render a determination of probable cause in each complaint alleging housing discrimination or a violation of any other provision of this chapter.
Housing means any improved property, or any portion thereof, including a mobile home, manufactured home, or condominium, that is used or occupied, or is intended, arranged, or designed to be used or occupied, as a home or residence. Housing includes any vacant land that is offered for sale or rent for the construction or location thereon of any building, structure or portion thereof that is used or occupied, or is intended, arranged or designed to be used or occupied, as a home or residence.
Housing for older persons means any of the following:
1Housing provided under any state or federal program that is specifically designed and operated to assist elderly persons, as defined in the state or federal program.
2Housing solely intended for, and solely occupied by, persons 62 years of age or older.
3Housing primarily intended and primarily operated for occupancy by at least one person 55 years of age or older per dwelling unit.
Mediator means one or more persons, appointed from time to time by and serving for an indeterminate period at the pleasure of the Fair Housing Officer, who shall, in addition to such other duties and responsibilities as provided by law, attempt to resolve, through, but not limited to, conference, mediation, conciliation, and/or persuasion, each complaint in a manner mutually agreeable to the complainant and respondent and in a written and enforceable form acceptable to the City Attorney, signed by the complainant, respondent, and Mediator, and filed with the Fair Housing Officer.
Person means each and every individual, partnership, labor or other association, organization of whatsoever kind or nature, corporation, legal representative, receiver, trustee in bankruptcy, or other fiduciary, or the lessee, proprietor, manager, employee ,or any other agent of any such person.
Probable cause means the determination that there are reasonable grounds to believe that one or more persons has, may have, or may be violating one or more provisions of this chapter.
Respondent means the person accused in a complaint or amended complaint of discrimination in housing and any other person identified in the course of an investigation as allegedly having discriminated in housing.
Settlement agreement means the written resolution of the complaint and alleged violation(s), enforceable at law and equity and otherwise pursuant to this chapter, in a form acceptable to the City Attorney, signed by the complainant and respondent, filed with the Fair Housing Officer, and in some manner eliminating the alleged discrimination and/or other violation of any provision of this chapter, and/or providing compensation to victims of unlawful discrimination.
Sexual orientation means having a preference for heterosexuality, homosexuality, or bisexuality, having a history of such a preference, or being identified with such a preference.
Single occupancy room means each and every room in a structure of five such rooms or less which the owner has leased or rented, or in any way offered for lease or rent, to a sole individuals, provided the owner permanently resides in the same structure.
Status as a victim of domestic abuse, sexual assault, or stalking means the status of a person who is seeking to rent or purchase housing, or of a member or prospective member of the person's household having been, or being believed by the lessor or seller of housing to be, a victim of domestic abuse, as defined in Wis. Stat. §. 813.12(1)(am), sexual assault under Wis. Stat. § 940.225, 948.02, or 948.025, or stalking under Wis. Stat. § 940.32.
(Ord. No. 2019-774, § I(16.04.030), 12-9-2019) :::
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Sec. 18-22. Discrimination; prohibited.
aIt is unlawful for any person to discriminate:
1By refusing to sell, lease, finance, or contract to construct housing, or by refusing to discuss the terms thereof;
2By refusing to permit inspection, or exacting different or more stringent price, terms or conditions, for the sale, lease, financing, or rental of housing;
3By refusing to finance or sell an unimproved residential lot or to construct a home or residence upon such lot;
4By advertising in a manner that indicates discrimination by a preference or limitation;
5For a person in the business of insuring against hazards, by refusing to enter into, or by exacting different terms, conditions, or privileges with respect to a contract of insurance against hazards to a dwelling;
6By refusing to renew a lease, causing the eviction of a tenant, from a rental housing, or engaging in the harassment of a tenant;
7In providing the privileges, services, or facilities that are available in connection with housing
8By falsely representing that housing is unavailable for inspection, rental, or sale;
9By denying access to, or membership or participation in, a multiple listing service or other real estate service;
10By coercing, intimidating, threatening, or interfering with a person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, a right granted or protected under this chapter, or with a person who has aided or encouraged another person in the exercise or enjoyment of a right granted or protected under this chapter;
11In making available any of the following transactions, or in the terms or conditions of such transactions, for a person whose business includes engaging in residential real estate-related transactions:
a. The making or purchasing of loans or the provision of other financial assistance for purchasing, constructing, improving, repairing, or maintaining housing, or the making or purchasing of loans, or the provisions of other financial assistance, secured by residential real estate.
b. Selling, brokering, or appraising residential real property.
12By otherwise making unavailable or denying housing.
bRepresentations designed to induce panic sales. No person may induce or attempt to induce a person to sell or rent housing by representations regarding the present or prospective entry into the neighborhood of a person of a particular economic status or a member of a protected class, or by representations to the effect that such present or prospective entry will or may result in any of the following:
1The lowering of real estate values in the area concerned;
2A deterioration in the character of the area concerned;
3An increase in criminal and antisocial behavior in the area concerned; or
4A decline in the quality of the schools or other public facilities serving the area.
cNo person may coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of any right granted or protected by this chapter, or with any person who has aided or encouraged another person in the exercise or enjoyment of any right granted or protected by this chapter.
(Ord. No. 2019-774, § I(16.04.040), 12-9-2019) :::
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Sec. 18-23. Discrimination against persons with disabilities prohibited.
aTypes of discrimination prohibited. In addition to discrimination prohibited under section 18-22, no person may do any of the following:
1Segregate, separate, exclude, or treat unequally in the sale or rental of, or otherwise make unavailable or deny, housing to a buyer or renter because of a disability of that buyer or renter, a disability of a person residing in or intending to reside in that housing after it is sold, rented, or made available, or a disability of a person associated with that buyer or renter.
2Segregate, separate, exclude, or treat unequally a person in the terms, conditions, or privileges of sale or rental of housing, or in the provision of services or facilities in connection with such housing, because of a disability of that person, a disability of a person residing in or intending to reside in that housing after it is sold, rented, or made available, or a disability of a person associated with that person.
3Refuse to permit, at the expense of a person with a disability, reasonable modifications of existing housing that is occupied, or is to be occupied, by such a person if the modifications may be necessary to afford the person full enjoyment of the housing, except that in the case of rental housing, the landlord may, where it is reasonable to do so, condition permission for a modification on the tenant's agreement to restore the interior of the housing to the condition that existed before the modification, other than reasonable wear and tear. The landlord may not increase any customarily required security deposit. Where it is necessary to ensure that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of a restoration agreement, a requirement that the tenant pay into an interest-bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant. If escrowed funds are not used by the landlord for restorations, they shall be returned to the tenant.
4Refuse to make reasonable accommodations in rules, policies, practices, or services that are associated with the housing, when such accommodations may be necessary to afford the person equal opportunity to use and enjoy housing, unless the accommodation would impose an undue hardship on the owner of the housing.
bAnimals that do work or perform tasks for individuals with disabilities.
1If an individual has a disability and a disability-related need for an animal that is individually trained to do work or perform tasks for the individual, it is discrimination for a person to refuse to rent or sell housing to the individual, cause the eviction of the individual from housing, require extra compensation from the individual as a condition of continued residence in housing, or engage in the harassment of the individual because he or she keeps such an animal.
2If an individual keeps or is seeking to keep an animal that is individually trained to do work or perform tasks in housing, an owner, lessor, lessor's agent, owner's agent, or representative of a condominium association may request that the individual submit to the owner, lessor, agent, or representative reliable documentation that the individual has a disability and reliable documentation of the disability-related need for the animal, unless the disability is readily apparent or known. If the disability is readily apparent or known but the disability-related need for the animal is not, the individual may be requested to submit reliable documentation of the disability-related need for the animal.
3An individual with a disability who keeps an animal that is individually trained to do work or perform tasks in housing shall accept liability for sanitation with respect to, and damage to the premises caused by, the animal.
4Nothing in this subsection prohibits an owner, lessor, lessor's agent, owner's agent, or representative of a condominium association from denying an individual the ability to keep an animal in housing if any of the following applies:
a. The individual is not disabled, does not have a disability-related need for the animal, or fails to provide requested documentation.
b. Allowing the animal would impose an undue financial and administrative burden or would fundamentally alter the nature of services provided by the lessor, owner, or representative.
c. The specific animal in question poses a direct threat to a person's health or safety that cannot be reduced or eliminated by another reasonable accommodation.
d. The specific animal in question would cause substantial physical damage to a person's property that cannot be reduced or eliminated by another reasonable accommodation.
cEmotional support animals.
1If an individual has a disability and a disability-related need for an emotional support animal, it is discrimination for a person to refuse to rent or sell housing to the individual, cause the eviction of the individual from housing, require extra compensation from the individual as a condition of continued residence in housing, or engage in the harassment of the individual because he or she keeps such an animal.
2If an individual keeps or is seeking to keep an emotional support animal in housing, an owner, lessor, lessor's agent, owner's agent, or representative of a condominium association may request that the individual submit to the owner, lessor, agent, or representative reliable documentation that the individual has a disability and reliable documentation of the disability-related need for the emotional support animal from a licensed health professional.
3An individual with a disability who keeps an emotional support animal in housing shall accept liability for sanitation with respect to, and damage to the premises caused by, the animal.
4Nothing in this subsection prohibits an owner, lessor, lessor's agent, owner's agent, or representative of a condominium association from denying an individual the ability to keep an animal in housing if any of the following applies:
a. The individual is not disabled, does not have a disability-related need for the animal, or fails to provide requested documentation.
b. Allowing the animal would impose an undue financial and administrative burden or would fundamentally alter the nature of services provided by the lessor, owner, or representative.
c. The specific animal in question poses a direct threat to a person's health or safety that cannot be reduced or eliminated by another reasonable accommodation.
d. The specific animal in question would cause substantial physical damage to a person's property that cannot be reduced or eliminated by another reasonable accommodation.
5An individual shall forfeit not less than $500.00 if he or she, for the purpose of obtaining housing, intentionally misrepresents that he or she has a disability or misrepresents the need for an emotional support animal to assist with his or her disability.
6A licensed health professional shall forfeit not less than $500.00 if he or she, for the purpose of allowing the patient to obtain housing, misrepresents that his or her patient has a disability or misrepresents his or her patient's need for an emotional support animal to assist with his or her patient's disability.
(Ord. No. 2019-774, § I(16.04.050), 12-9-2019) :::
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Sec. 18-24. Exemptions.
aNothing in this chapter shall prohibit familial status discrimination or discrimination on the basis of age in relation to housing for older persons. Housing may qualify as housing for older persons only if the owner of the housing maintains records containing written verification that it meets the required factors in Wis. Stat. § 106.50 (5m)(a).
bNothing in this chapter shall prohibit a person from exacting different or more stringent terms or conditions for financing based on the age of the individual applicant if the terms or conditions are reasonably related to the individual applicant.
cNothing in this chapter shall prohibit the development of housing designed specifically for persons with a handicap nor discrimination on the basis of handicap in relation to such housing.
dNothing in this chapter requires that housing be made available to an individual whose tenancy would constitute a direct threat to the safety of other tenants or persons employed on the property or whose tenancy would result in substantial physical damage to the property of others, if the risk of direct threat or damage cannot be eliminated or sufficiently reduced through reasonable accommodations. A claim that an individual's tenancy poses a direct threat or a substantial risk of harm or damage must be evidenced by behavior by the individual that caused harm or damage, that directly threatened harm or damage, or that caused a reasonable fear of harm or damage to other tenants, persons employed on the property, or the property. No claim that an individual's tenancy would constitute a direct threat to the safety of other persons or would result in substantial damage to property may be based on the tenant's status as a victim of domestic abuse, sexual assault, or stalking.
eIt is not discrimination based on status as a victim of domestic abuse, sexual assault, or stalking for a landlord to bring an action for eviction of a tenant based on a violation of the rental agreement or of a statute that entitles the landlord to possession of the premises, unless subsection (1) or (2) applies. A tenant has a defense to an action for eviction brought by a landlord if the tenant proves by a preponderance of the evidence that the landlord knew or should have known any of the following:
1That the tenant is a victim of domestic abuse, sexual assault, or stalking and that the basis for the action for eviction is conduct that related to the commission of domestic abuse, sexual assault, or stalking by a person who was not the invited guest of the tenant.
2That the tenant is a victim of domestic abuse, sexual assault, or stalking, that the basis for the action for eviction is conduct that related to the commission of domestic abuse, sexual assault, or stalking by a person who was the invited guest of the tenant, and that the tenant has done one of the following:
a. Sought an injunction enjoining the person from appearing on the premises.
b. Upon receiving notice under Wis. Stat. § 704.17, provided a written statement to the landlord indicating that the person will no longer be an invited guest of the tenant and has not subsequently invited the person to be a guest of the tenant.
fNothing in this subchapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this subchapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
gNothing in this chapter shall limit the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling, structure, unit, or property.
(Ord. No. 2019-774, § I(16.04.010), 12-9-2019) :::
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Sec. 18-25. Retaliation or retaliatory discrimination prohibited.
aIt shall be unlawful to retaliate or discriminate against any person on account of having inquired into or having claimed a violation of this article.
(Ord. No. 2019-774, § I(16.04.065), 12-9-2019) :::
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Sec. 18-26. Administration; powers and duties.
aThe purposes and provisions of this chapter shall be administered by the Fair Housing Officer, or his/her designee and enforcement and prosecutions handled by the City Attorney.
bIn administering this chapter, the Fair Housing Officer shall have the power and duty to:
1Adopt, amend, and modify any and all administrative policies and procedures as may, from time to time, be necessary, useful, helpful, or desirable in the administration and/or enforcement of this chapter.
2Appoint such number and types of employees, agents, and other staff as may, from time to time, be necessary, useful, helpful, or desirable to promote the purpose of this chapter and/or the administration and/or enforcement of this chapter, and, from time to time, to prescribe their duties.
3Receive and initiate complaints alleging violation of this chapter and to attempt to eliminate or remedy any violation.
4Investigate complaints alleging any prohibited discrimination and/or such other violation(s) of any provision of this chapter and/or appoint one or more investigators to gather facts, evidence, and information, and otherwise investigate complaints.
5Determine probable cause or appoint an independent hearing examiner to do so. Dismiss complaints without probable cause. Pursue resolution of complaints with probable cause.
6Refer complaints to the Equal Rights Division (ERD) of the Wisconsin Department of Workforce Development, the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Housing and Urban Development (HUD) or the U.S. Department of Justice.
7Seek settlement agreements and/ or appoint, one or more mediators who shall seek a settlement agreeable to both the complainant and the respondent by means of informal conferences or other meetings or means.
8Refer settlement agreements to the City Attorney for approval as to form.
9Refer non-settled complaints to the City Attorney for additional action.
10Request that the City Attorney enforce settlement agreements or take other appropriate or desirable action.
cThe Hearing Examiner may, in addition to all others conferred by law, have the power and duty to:
1Review the complaint and all other evidentiary and investigatory material made available to him/her.
2Interview the complainant and respondent, without limitation as to frequency or reasonable manner.
3Conduct one or more formal and/or informal hearings which may be continued from time to time, and to subpoena the complainant(s), respondent(s), and any and all other persons to testify therein and to command the production and examination of any and all documents and other evidence directly and/or indirectly pertaining to the complaint and/or the alleged violation of any provision of this chapter; administer oaths, take and record and/or arrange for the recording of testimony; and apply to a court of competent jurisdiction to enforce any and all subpoenas and orders.
4Within 120 days of being retained by the City and being assigned a discrimination case for determination, render and serve upon the respondent, complainant, and Fair Housing Officer, a written determination of whether probable cause exists to believe that one or more provisions of this chapter was, may be, or is being violated by one or more named persons and the facts supporting such determination.
5Issue recommendations and/or other reports, from time to time, to the mediator, the Fair Housing Officer, and City Attorney, as are necessary, helpful, useful, or desirable to promote the purposes and intent of this chapter.
6Refer to the City Attorney requests and recommendations to take necessary and/or desirable legal and/or equitable relief and/or appropriate or desirable action.
dIn mediating disputes, the Mediator may, in addition to all others conferred by law, have the power and duty to:
1Review the complaint and all other investigatory and evidentiary materials and facts pertaining to that complaint.
2Compel attendance by the respondent and the complainant at up to three separate and/or joint mediation sessions each.
3Persuade, mediate, conciliate, resolve, and/or settle the dispute, propose one or more settlements and/or settlement agreements, and prepare same for their signature.
4File and serve signed settlement agreements as required by this chapter.
5Declare an impasse in the mediation and refer those complaints for which a settlement agreement has not been reached to the City Attorney for review and prosecution.
6Make such written and verbal recommendations and reports to the City Attorney, the Fair Housing Officer, or such others as may be necessary, useful, desirable, or appropriate to promote the purposes and intent of this chapter.
eIn prosecuting and enforcing the provisions of this chapter, including but not limited to the settlement agreements and prosecution of any violation of any provision of this chapter by any person(s), the City Attorney shall be empowered, in addition to each and every other authorization, empowerment, and discretion otherwise conferred by law, with each and every power and authorization in law and equity specifically conferred by this chapter.
(Ord. No. 2019-774, § I(16.04.070), 12-9-2019) :::
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Sec. 18-27. Complaint procedure---Filing.
aComplaint. Each and every complaint alleging any discriminatory practice prohibited by this chapter or violation of any other provision of this chapter shall be in writing, signed by the complainant(s), and filed by the complainant with the Fair Housing Officer no later than one year, exclusive of the date of the alleged discrimination or other alleged violation, after the complainant knew or should have known that the alleged discrimination or other violation occurred. The City shall have no jurisdiction or other authority to act upon any complaint not filed within one year. The complaint shall contain the following:
1The complete name, address, and contact information of the complainant(s). It is the duty of the complainant to notify the Fair Housing Officer within 30 days of any change hereto.
2The complete name and address of the respondent(s), if available.
3The characteristic, or protected class, the alleged discrimination or discriminatory practice to alleged to be based upon.
4A full and complete statement describing the essential facts of the allegation of discrimination, discriminatory practice, or other violation of any provision of this chapter, including relevant dates, times and places of alleged discrimination and any witnesses to the alleged discrimination or discriminatory practice.
5A complaint may be withdrawn or amended in the following circumstances:
a. A complaint, or any part thereof, may be withdrawn or amended in writing by the complainant(s) at any time, with the exception noted in (c) below.
b. A complaint may also be withdrawn by the Fair Housing Officer in the event that the Fair Housing Officer, after due diligence, cannot locate the complainant. Notice of such withdrawal shall be served upon the respondent and shall act as an adjudication and determination upon the merits.
c. A complaint may be amended subsequent to its filing, provided that, if a hearing to determine probably cause has been set and notice issued by the Fair Housing Officer or Hearing Examiner, a complaint may not be amended later than ten days prior to the date of such a hearing unless express written permission is granted for such later amendment by the Fair Housing Officer or Hearing Examiner. Notice of such express permission and a copy of such later amendment(s) shall be provided to the respondent prior to said hearing.
b[Filing.] Upon the filing of a lawful, timely, and otherwise proper complaint, the Fair Housing Officer shall serve, by certified mail or otherwise as allowed by law, a true and correct copy of same upon the respondent.
cRemoval to Circuit Court. Upon service of the complaint on both parties, any party to the action may remove the complaint to Circuit Court at any time by following the proper procedures for filing. Upon removal to Circuit Court, the City will take no further action on the complaint.
(Ord. No. 2019-774, § I(16.04.080), 12-9-2019) :::
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Sec. 18-28. Complaint procedure---Investigation.
aInvestigations. The Fair Housing Officer or an investigator designated, appointed and retained by the Fair Housing Officer shall promptly investigate all duly and timely filed complaints and shall prepare a written report of all facts, statements, and other evidence of whatsoever kind and nature discovered as a result of such investigation.
bAll discrimination complaints involving the City of Janesville or Janesville Housing Authority shall be referred to the Equal Rights Division (ERD) of the Wisconsin Department of Workforce Development or the U.S. Equal Employment Opportunity Commission (EEOC) or the U.S. Department of Housing and Urban Development (HUD), whichever may have jurisdiction over the complaint and the City shall take no action, but shall promptly refer the complaint to the ERD, EEOC or HUD for appropriate actions provided by law. The complainant and respondent shall be informed of all such referrals.
(Ord. No. 2019-774, § I(16.04.090), 12-9-2019) :::
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Sec. 18-29. Complaint procedure---Determination of probable cause.
aDetermination of probable cause. The Fair Housing Officer or a designated Hearing Examiner shall review the complaint and the facts and reports of the investigation and such other information as he or she may otherwise develop or uncover through subpoena, hearing(s), or otherwise, and render a written determination as to whether there is probable cause to believe that one or more provisions of this chapter have, may be, or are being violated by one or more named persons together with the facts supporting such determination.
bThe Fair Housing Officer or designated Hearing Examiner, as a part of his or her review of the case, may conduct or cause to be conducted one or more hearings at which the respondent, complainant, and others may be compelled to testify by subpoena. The Hearing Examiner may also compel the production of any and all other papers, records, information, testimony, and evidence of whatsoever kind or nature directly and/or indirectly pertaining to the complaint and/or any allegation contained therein or which the investigation may have revealed. In the event a witness either fails or refuses to obey a subpoena issued by the Hearing Examiner, the Hearing Examiner may order attendance or the production of records and/or seek such relief through a court of competent jurisdiction as may be provided by law.
(Ord. No. 2019-774, § I(16.04.100), 12-9-2019) :::
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Sec. 18-30. Mediation and conciliation; notice of failure; complainant requests prosecution.
aIn the event that there is a determination of probable cause that one or more provisions of this chapter have, may be, or are being violated by one or more named persons together with the facts supporting such determination, the Fair Housing Officer shall, within 30 days of the rendering of such determination, seek a resolution or appoint a Mediator who shall attempt, by means including but not limited to, conference, mediation, conciliation, and/or persuasion, eliminate the alleged discriminatory practice and resolve the remaining issues between the complaint and respondent arising under this chapter or other law.
bAll settlement agreements shall be in writing, filed with the Fair Housing Officer, and otherwise as provided in this chapter.
cIn the event that, in the sole opinion of the Fair Housing Officer or Mediator, efforts at settlement have failed to eliminate the discriminatory practice or other violation alleged by the complainant or efforts at a voluntary mutual resolution of the issues by the complainant and respondent have failed, the Mediator shall promptly issue or cause to be issued a Notice of the Failure to Reach Agreement and serve same upon the complainant, respondent, and Fair Housing Officer.
dThe complainant shall then have not more than 180 days after service of the notice of failure to reach agreement within which to request, in writing filed with the Fair Housing Officer, that the City Attorney review the complaint for the purpose of commencing an ordinance violation forfeiture action against the respondent.
(Ord. No. 2019-774, § I(16.04.110), 12-9-2019) :::
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Sec. 18-31. Violations; appeals.
aWithin 30 days following the decision, the complainant or respondent may appeal by certiorari to the Circuit Court of Rock County by filing a petition for review.
(Ord. No. 2019-774, § I(16.04.115), 12-9-2019) :::
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Sec. 18-32. Violations; remedies; penalties.
aIn addition to all other legal and equitable remedies available under this chapter and otherwise at law, the City Attorney may apply for, and any court of competent jurisdiction may issue and order, any and all legal and equitable remedies, orders, and judgments necessary, proper, desirable, or applicable to effectuate the purposes and intent of this chapter, including, but not limited to, enforcement of the settlement agreement, cease and desist orders, injunctive, and/or affirmative action(s) of whatever kind or nature by the respondent.
bFor a first violation within a five year period, in addition to any and all other legal and equitable remedies available under this chapter and otherwise at law, any person who violates any provision of this chapter or any lawful order issued here under shall forfeit and pay not less than $100.00 nor more than $10,000.00. Each day a violation continues shall constitute a separate offense.
cFor a second violation within a five year period, in addition to any and all other legal and equitable remedies available under this chapter and otherwise at law, any person who violates any provision of this chapter or any lawful order issued here under shall forfeit and pay not less than $1,000.00 nor more than $25,000.00. Each day a violation continues shall constitute a separate offense.
dFor a third and subsequent violation within a seven year period, in addition to any and all other legal and equitable remedies available under this chapter and otherwise at law, any person who violates any provision of this chapter or any lawful order issued hereunder shall forfeit and pay not less than $1,000.00 nor more than $50,000.00 each day a violation continues shall constitute a separate offense.
(Ord. No. 2019-774, § I(16.04.120), 12-9-2019) :::
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Sec. 18-33. Liberal construction; severability.
aThe provisions of this chapter shall be liberally construed in order to promote the purposes and provisions contained herein.
bThe provisions of this chapter are severable and if any provision, sentence, clause, section, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of the chapter, or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this chapter would have been adopted if such illegal, invalid, unconstitutional, or inapplicable provision, sentence, clause, section, or part thereof had not been included therein, and if the person or circumstances to which the chapter, or any part thereof, is inapplicable and has been specifically exempted therefrom.
(Ord. No. 2019-774, § I(16.04.130), 12-9-2019) :::
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Sec. 18-34. Cumulative effect.
This Code is cumulative in its legal effect and is not in lieu of any and all other legal remedies which the person aggrieved may pursue.
(Ord. No. 2019-774, § I(16.04.140), 12-9-2019)
State law reference(s)---Local fair housing ordinances, Wis. Stat. § 66.1011; open housing, Wis. Stat. § 160.50. :::
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Secs. 18-35---18-50. Reserved.
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ARTICLE III. HOUSING REGULATIONS
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DIVISION 1. GENERALLY
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Sec. 18-51. Title.
This article shall be known as the minimum housing standards code for dwellings and multifamily dwellings, and is referred to in this article as the "Housing Regulations".
(Code 1976, § 16.08.010) :::
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Sec. 18-52. Purpose.
The purpose of the Housing Regulations is to abate environmental pollution caused by deterioration and substandard dwellings, and to protect the occupant's and public's health, safety, and welfare in buildings, and on premises used for dwelling purposes as hereinafter provided by:
1Establishing minimum standards for basic equipment and facilities for light, ventilation, cooking, heating and sanitation; for the safety from fire; for safe and sanitary maintenance in all dwellings and multifamily dwellings now in existence, and for perseverance of housing stock and neighborhood appearance.
2Fixing the responsibilities of owners, operators, and occupants of dwellings and multifamily dwellings.
3Providing for administration, enforcement, and penalties.
(Code 1976, § 16.08.020) :::
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Sec. 18-53. Definitions.
aThe following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
bWhere terms are not defined in this section and are defined in the Building Code, they shall have the meaning ascribed to them as in the Building Code. Where terms are not defined under the provisions of this article or under the provisions of the Building Code, they shall have ascribed to them their ordinarily accepted meanings or such as the context herein may imply.
cWhenever the terms "multifamily dwelling," "residence building," "dwelling unit," "roominghouse," "rooming unit" or "premises" are used in this Housing Regulations, they shall be construed as though they were followed by the words "or any part thereof."
Approved, as applied to a material, device or method of construction, means approved by the building official under the provisions of the Housing Regulations, or approved by other authority designated by law to give approval in the matter in question.
Basement means a portion of the building partly underground, but having less than half its clear height below the average grade of the adjoining ground. (See Cellar.)
Building Official means the Building Division Director or the Housing Services Director, or their duly authorized representative.
Cellar means the portion of the building partly underground, having half or more than half of its clear height below the average grade of the adjoining ground.
Dormitory means a building arranged or used for lodging for six but not more than 20 individuals, and having common toilet and bathroom facilities.
Dwelling unit means one or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.
Exterior property areas means the open space on the premises, and on adjoining property under the control of owners or operators of such premises.
Extermination means the control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poison spraying, fumigating, trapping, or any other approved pest elimination methods.
Family means an individual or two or more persons related by blood, marriage, or legal adoption living as a single housekeeping unit in a dwelling unit, including foster children, domestic servants, and not more than four roomers. (Section 42-134) in accordance with HUD 24 CFR 5.403.
Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
Gross floor area means the total area of all habitable space in a building or structure.
Habitable room means a room or enclosed floor space arranged for living, eating, and sleeping purposes (not including bathrooms, water closet compartments, laundries, pantries, foyers, hallways, and other accessory floor spaces).
Hotel means a building arranged or used for sheltering, sleeping, or feeding, for compensation, of more than 20 individuals.
Infestation means the presence, within or contiguous to a multifamily dwelling, dwelling unit, roominghouse, rooming unit, or premises, of insects, rodents, vermin or other pests.
Multifamily dwelling means a building containing more than two dwelling units.
Occupant means any person (including the owner or operator) living and sleeping in a dwelling unit, or having actual possession of the dwelling or rooming unit.
One-family dwelling means a building containing one dwelling unit with not more than four lodgers or boarders in addition to a family.
Openable area means that part of a window or door which is available for unobstructed ventilation, and which opens directly to the outdoors.
Operator means any person who has charge, care, or control of a multifamily dwelling or roominghouse, in which dwelling units or rooming units are let or offered for occupancy.
Owner means the owner or owners of the freehold of the premises or lesser estate herein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building, or the duly authorized agent thereof.
Person means an individual, form, corporation, association or partnership.
Plumbing or plumbing fixtures means water heating facilities, water pipes, gas pipes, garbage and disposal units, waste lavatories, bathtubs, shower baths, installed clothes washing machines, or other similarly supplied fixtures, together with all connections of water, gas, sewer, or vent lines.
Premises means a lot, plot, or parcel of land, including the buildings or structures hereon.
Residence building means a building in which sleeping accommodations and cooking facilities as a unit are provided, except those buildings classified as institutions under the Building Code.
Rooming unit means any room or group of rooms forming a single habitable unit used, or intended to be used, for living and sleeping but not for cooking or eating purposes.
Roominghouse, lodginghouse, and boardinghouse mean any residence building, or any part thereof, containing one or more rooming units, in which space is let by the owner or operator to more than four persons who are not members of the family.
Rubbish means combustible and noncombustible waste materials, except garbage; and the term "rubbish" includes the residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust, and other similar material.
Specified time means a reasonable time period deemed appropriate by the building official to correct the violation.
Supplied means installed, furnished, or provided by the owner or operator.
Two-family dwelling is a building containing two dwelling units intended to house one family in each unit.
Ventilation means the process of supplying and removing air by natural or mechanical means to or from any space.
Mechanical ventilation means ventilation by power-driven devices.
Natural ventilation means ventilation by opening to outer air through windows, skylights, doors, louvers or stacks without wind-driven devices.
Workmanlike state of maintenance or repair, as used in the Housing Regulations, means that such maintenance and repair shall be made in a reasonably skillful manner.
Yard means an open unoccupied space on the same lot with a building extending along the entire length of a street, or rear or interior lot line.
(Code 1976, § 16.08.030; Ord. No. 82-303 § 1, 1982) :::
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Sec. 18-54. Applicability.
The provisions of the Housing Regulations shall apply to all premises and structures used for human habitation which are substandard with respect to structure, protection against fire hazard, equipment or maintenance, inadequate provisions for light and air, lack of proper heating, unsanitary conditions, and as otherwise may be deemed to constitute a menace to the safety, health, or welfare of their occupants and the public, except as provided in Section 18-59. The existence of such conditions, factors or characteristics adversely affect public safety, health or welfare, and lead to the continuation, extension, and aggravation of urban blight. Adequate protection of the public, therefore, requires the establishment and enforcement of these minimum housing standards.
(Code 1976, § 16.08.040)
Editor's note(s)---This motion to adopt this amendment includes the City Council's express direction to not apply this article retroactively to dumpsters, fences or paving driveways, except for current violations effective on November 13, 2000. :::
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Sec. 18-55. Adoption of Wisconsin Administrative Code.
aWis. Admin. Code ch. SPS 323 (Heating, ventilating and air conditioning), is hereby adopted by reference and made a part of this article as if fully set forth herein. Any act required to be performed or prohibited by such Code, regulation or law incorporated hereby by reference is required or prohibited by this article. This section adopts such other Wisconsin Administrative Code as may supersede, supplant or in any way modify, change or add to the Wisconsin Administrative Code as adopted above.
bAdoption of The International Property Maintenance Code, 2018 or current edition, as from time to time amended or renumbered, is hereby adopted as the Minimum Property Standards Code for all structures and properties in the City of Janesville, Wisconsin.
(Code 1976, § 16.08.045) :::
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Sec. 18-56. Movable habitation units; housing regulations compliance.
All movable units used for human habitation, and the areas, grounds or parcels on which they are located, as provided in Article III of Chapter 20, or such other codes, laws or ordinances of the municipality applicable thereto, shall comply with the requirements of this Housing Regulations, except as otherwise provided in this article.
(Code 1976, § 16.08.050) :::
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Sec. 18-57. Premises used for residential purposes; housing regulations compliance.
Every portion of a building or premises used or intended to be used for residential purposes shall comply with the provisions of the Housing Regulations when compliance has been duly determined to be necessary for the protection of the health, safety, and welfare of the occupants or the public, irrespective of when such building has been constructed, altered or repaired. Those housing facilities such as hotels and motels serving transient guests only, rest homes, convalescent homes and nursing homes, which housing facilities are controlled by state statutes, are excepted herefrom.
(Code 1976, § 16.08.060) :::
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Sec. 18-58. Effect of conflicting ordinances.
Except as provided in Section 18-59, in any case where a provision of the Housing Regulations is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or code of this municipality existing on the effective date of the ordinance from which the Housing Regulations is derived, the provision which establishes the higher standard for the promotion and protection of the safety and health of the people shall prevail. In any case where a provision of the Housing Regulations is found to be in conflict with a provision of any other ordinance or code of this municipality existing on the effective date of the ordinance from which the Housing Regulations is derived, which established a lower standard for the promotion and protection of the safety and health of the people, the provisions of the Housing Regulations shall prevail, and such other ordinances or codes are declared to be repealed to the extent that they may be found in conflict with the Housing Regulations.
(Code 1976, § 16.08.070) :::
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Sec. 18-59. Existing buildings; requirements.
The Housing Regulations establishes minimum requirements for the initial and continued occupancy of all buildings used for human habitation, and does not replace or modify requirements otherwise established for the construction, repair, alteration, or use of buildings, equipment, or facilities, except as provided in this article.
(Code 1976, § 16.08.080) :::
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Sec. 18-60. Effect on existing remedies.
Nothing in the Housing Regulations shall be deemed to abolish or impair existing remedies of the municipality or its officers for demolition of any buildings which are deemed to be dangerous, unsafe, or unsanitary.
(Code 1976, § 16.08.090) :::
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Sec. 18-61. Enforcement---Authority; duties; generally.
aIt shall be the duty and responsibility of the Building Official, as defined in Section 18-51, to enforce the provisions of the Housing Regulations as provided in this article.
bWhen the Building Official determines that there may be a violation of any provision of this article or a situation which affects the health or safety of the general public, or the occupants of a building, the Building Official shall proceed to take necessary action as provided for in this sections through Section 18-72.
(Code 1976, § 16.08.100; Ord. No. 82-303, § 3(part), 1982) :::
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Sec. 18-62. Enforcement---Authority; inspection duties.
aInspection of premises and the issuing of orders in connection therewith, under the provisions of the Housing Regulations, shall be the responsibility of the Building Official or his or her designee. Wherever, in the opinion of the Building Official, it is necessary or desirable to have inspections of any conditions by any other department, he or she shall arrange for this to be done in such manner that the owners or occupants of buildings shall not be subjected to visits by numerous inspectors nor to multiple or conflicting orders. No order for correction of any violation under the Housing Regulations shall be issued without the approval of the Building Official. It shall be the responsibility of the Building Official, before issuing any such order, to determine that it has the concurrence of other departments or officials of the government concerned with any matter involved in the case in question.
bWhen the Building Official determines that there are reasonable grounds to believe that a violation of any provision of this article may exist or that conditions exist which adversely affect the health, safety, and welfare of the occupants or the public, he or she may make or cause to be made inspections to determine the conditions of dwellings, multifamily dwellings, dwelling units, roominghouses, rooming units and premises in order to safeguard the safety, health and welfare of the public under the provisions of the Housing Regulations. The Building Official is authorized to enter any dwelling, multifamily dwelling, dwelling unit, roominghouse, rooming unit or premises at any reasonable time for the purpose of performing his or her duties under the Housing Regulations. The owner, operator or occupant of every dwelling, multifamily dwelling, dwelling unit, roominghouse, rooming unit, premises, or the person in charge thereof, shall give the Building Official free access thereto, and to all parts thereof, and to the premises on which it is located at all reasonable times for the purpose of such inspection. All of the enforcement provisions of the Housing Regulations are subject to the constitutional laws of the United States and the state, and all rights of individuals as defined therein.
(Code 1976, § 16.08.110; Ord. No. 82-303, § 3(part), 1982) :::
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Sec. 18-63. Enforcement methods.
In enforcing the Housing Regulations, the Building Official or any other person authorized to enforce it may do so by condemnation, vacation of building, order to correct violation, abatement, citation procedure, forfeiture action, injunctive relief, or any combination of those remedies.
(Code 1976, § 16.08.130; Ord. No. 82-303, § 3(part), 1982) :::
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Sec. 18-64. Vacation of unfit dwellings; procedure.
aWhenever the Building Official finds that any dwelling, multifamily dwelling, dwelling unit, roominghouse, rooming unit or premises constitutes a hazard to the safety, health or welfare of the occupants or to the public because it lacks maintenance; or is in disrepair, unsanitary, vermin-infested or rodent-infested; or lacks sanitary facilities or equipment; or otherwise fails to comply with the minimum provisions of the Housing Regulations, but has not yet reached such state of complete disrepair as to be condemned as a dangerous structure as provided in Section 10-241, he or she may declare such building as unfit for human habitation, and order it to be vacated.
bThe order to vacate shall be in writing and shall contain the following information:
1A description of the premises sufficient for identification;
2An order that the building be vacated by a specified time, and that the building, when vacated, must remain vacant until the provisions of the order are complied with and the order to vacate is withdrawn;
3Specification of the condition requiring vacation and the City ordinance, regulation or state law which is being violated, and order that the same be corrected, and the chapter and section of the Code under which such order is being issued;
4A statement of the penalty for defacing or removing the copy of the order;
5The name of the Building Official ordering vacation and the name of the department issuing the order;
6The date of service and posting of the order.
cA copy of the order shall be posted on the premises, and shall be served on the owner and occupants as provided in Section 18-67.
dWhen the Building Official is satisfied that the order to correct the hazard or condition has been complied with, he or she shall withdraw the order to vacate, notify the owner in writing, and remove the posted copy.
eThe Building Official shall furnish a copy of all orders to vacate, and notices of withdrawal thereof, to any other official concerned therewith.
fIt shall be the duty of the owner of a building to notify the occupants of the withdrawal of any order to vacate issued pursuant to this section. Any damage, loss or injury to either the owner or occupants of a building, structure or premises ordered to be vacated shall not be the responsibility of the City, unless directly caused by the City's negligence. Any damage, loss or injury to either the owner or occupants of a building, structure or premises ordered to be vacated shall be the responsibility of the person who caused the problem requiring vacation or who allowed the problem to exist.
(Code 1976, § 16.08.150; Ord. No. 82-303, § 3(part), 1982) :::
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Sec. 18-65. Order to correct violations---Requirements.
aWhere a violation of the Housing Regulations exists which, in the opinion of the Building Official, does not require condemnation or vacation, he or she may order the owner or occupant to correct the violation.
bThe order to correct shall be in writing and shall contain the following information:
1A description of the premises sufficient for identification;
2An order to correct the violation;
3Specification of the condition requiring repair or correction, the City ordinance, regulation or state law which is being violated, and the chapter and section of the Code under which such order is being issued;
4A specified time period in which the condition is to be corrected;
5The name of the Building Official ordering correction and the name of the department issuing the order; and
6The date of service of the order.
cA copy of the order shall be served as provided in Section 18-66 on the owner or occupant being ordered to correct the violation. For informational purposes, a copy of the order shall be sent by regular mail to any owner not being ordered to correct and not being served.
(Code 1976, § 16.08.160; Ord. No. 82-303, § 3(part), 1982; Ord. No. 83-329, § 3, 1983) :::
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Sec. 18-66. Order to correct violations---Posting and serving procedures.
An order required by this article to be served shall be served as follows by delivery to the address via First Class Mail.
(Code 1976, § 16.08.170; Ord. No. 82-303, § 3(part), 1982) :::
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Sec. 18-67. Order to correct violations; failure to do so.
In the event that any order is not promptly complied with, the building official may request the City Attorney to institute an appropriate action or proceeding at law or in equity against the owner, operator, possessor or other person responsible for the violation, ordering him or her to:
1Restrain, correct or remove the violation, or refrain from any further execution of work;
2Restrain or correct the erection, installation, or alteration of such building in violation of the Housing Regulations;
3Remove work in violation;
4Prevent the occupancy or use of the building, structure, or part thereof erected, constructed, installed or altered in violation of, or not in compliance with, the provisions of the Housing Regulations, or in violation of a plan or specification under which an approval, permit, or certificate was issued; or
5Pay forfeiture pursuant to the penalty provisions of the Housing Regulations.
(Code 1976, § 16.08.190; Ord. No. 82-303, § 3(part), 1982) :::
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Sec. 18-68. Re-inspection fee.
A re-inspection fee shall be charged by the City against and paid by the property owner for every violation that is not corrected by the re-inspection date. An additional re-inspection fee shall be charged by the City for each subsequent re-inspection per violation until full compliance is achieved. The re-inspection fee and additional re-inspection fee shall be in amounts as established by the City Council from time to time.
(Code 1976, § 16.08.195) :::
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Sec. 18-69. Appeal procedure.
Any person who wishes to appeal an order to correct or an order to vacate may appeal such denial to the Zoning Board of Appeals. Notice of appeal must be filed with the official from whom the appeal is taken and with the Zoning Board of Appeals in writing within 30 days of the denial of the permit. Action by the Zoning Board of Appeals shall be in accordance with Section 42-246 and the rules of procedure of the Zoning Board of Appeals.
(Code 1976, § 16.08.200; Ord. No. 82-303, § 3(part), 1982) :::
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Sec. 18-70. Violation; penalty.
aAny person, firm or corporation, or any officer of any corporation, who violates or causes to be violated any provision of the Housing Regulations or any order issued under the provisions of the Housing Regulations shall, upon conviction thereof, be fined not less than $25.00, nor more than $500.00, together with the costs of prosecution, and in default of payment thereof shall be committed to the Rock County Jail for a term of not less than five days nor more than 60 days.
bIt shall be the responsibility of the offender to abate the violations as expeditiously as possible.
cEach and every day that a violation continues constitutes a separate offense.
dThe City, in addition to the above penalties, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove the violation, and/or the City Council may revoke any license or permit.
eIf, in any action, a permit was issued, it shall not constitute a defense, nor shall any error, oversight, or dereliction of duty on the part of the Building Official constitute a defense.
(Code 1976, § 16.08.210; Ord. No. 82-303, § 3(part), 1982) :::
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Secs. 18-71---18-102. Reserved.
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DIVISION 2. ENVIRONMENTAL REQUIREMENTS
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Sec. 18-103. Generally.
The provisions of Sections 18-104 through 18-121 shall govern the minimum conditions of property and buildings to be used for human occupancy. Every building or structure occupied by humans, and the premises on which it stands, shall comply with the conditions prescribed in Sections 18-104 through 18-121 as they may apply thereto.
(Code 1976, § 16.08.220) :::
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Sec. 18-104. Exterior property area---Requirements, generally.
No person shall occupy as owner/occupant, or let to another for occupancy, any dwelling unit or premises, for the purpose of living therein, which does not comply with the requirements in Sections 18-105 through 18-109.
(Code 1976, § 16.08.230) :::
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Sec. 18-105. Exterior property area---Sanitation.
Every occupant shall maintain all exterior property areas in a clean and sanitary condition free from accumulations of debris, junk, rubbish or garbage.
(Code 1976, § 16.08.240) :::
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Sec. 18-106. Exterior property area---Grading and drainage.
All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon, or within any building or structure located thereon.
(Code 1976, § 16.08.250) :::
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Sec. 18-107. Exterior property area---Insect and rodent harborage.
Every owner and/or occupant of a dwelling or multifamily dwelling shall be responsible for the extermination of rodents, vermin, or other pests in all exterior areas of the premises; except that the occupant shall be responsible for such extermination in the exterior areas of the premises in a single-family dwelling. Whenever infestation exists in the shared or public parts of the premises of other than a single-family dwelling, extermination shall be the responsibility of the owner.
(Code 1976, § 16.08.260) :::
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Sec. 18-108. Exterior property area---Accessory structures.
All accessory structures, including detached garages, shall be maintained structurally sound and in good repair.
(Code 1976, § 16.08.270) :::
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Sec. 18-109. Exterior property area---Driveways and parking areas.
All driveways and parking areas shall be maintained in such condition so as to prevent washing of material onto the sidewalk and street. Such areas shall be sufficient in size to park vehicles so as not to be in the sidewalk area. Driveways and parking areas: No vehicle parking is allowed on front or corner side lawns.
(Code 1976, § 16.08.280) :::
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Sec. 18-110. Exterior structure---Requirements, generally.
No person shall occupy as owner/occupant, or let to another for occupancy, any dwelling or rooming unit, for the purpose of living therein, which does not comply with the requirements in Sections 18-111 through 18-114.
(Code 1976, § 16.08.290) :::
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Sec. 18-111. Exterior structure---Foundation, wall and roof.
aEvery foundation, exterior wall, roof, and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair, and shall be kept in such condition as to exclude rodents.
bFoundation walls. All foundation walls shall be maintained so as to carry the safe design and operating dead and live loads and shall be maintained plumb and free from open cracks and breaks, so as not to be detrimental to public safety and welfare.
cExterior walls. Every exterior wall shall be free of holes, breaks, loose or rotted boards or timbers, and any conditions which admit rain or excessive dampness to the interior portions of the walls or to the occupied spaces of the building. All exterior surface materials, including wood, composition, painted masonry, or metal siding, shall be maintained weatherproof and shall be properly surface coated by paint or other approved protective coating applied in a workmanlike manner when required to prevent deterioration and shall be free from peeling and chips.
dRoofs and drainage. The roof shall be structurally sound, tight, and not have defects which might admit rain. Roof drainage shall be adequate to prevent rainwater from causing dampness or deterioration in the walls or interior portion of the building. Roof water shall not be discharged in a manner that creates a nuisance to owners or occupants of adjacent premises, or that creates a public nuisance.
(Code 1976, § 16.08.300) :::
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Sec. 18-112. Exterior structure---Stairs, porches and railings.
Stairs and other exit facilities shall be adequate for safety as provided in the Building Code, and shall comply with the following:
1Every outside stair, every porch, and every appurtenance attached thereto shall be so constructed as to be safe to use and capable of supporting the loads to which it is subjected as required by the Building Code, and shall be kept in sound condition and good repair.
2Every outside stair of more than three risers shall have a handrail. Every handrail and balustrade shall be firmly fastened, and shall be maintained in good condition.
(Code 1976, § 16.08.310) :::
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Sec. 18-113. Exterior structure---Windows, doors and hatchways.
aEvery window, exterior door, and basement hatchway shall be substantially tight, and shall be kept in sound condition and repair.
bEvery window sash shall be fully supplied with glass windowpanes, or an approved substitute which is without open cracks or holes.
cEvery exterior door, door hinge, and door latch shall be maintained in good condition.
dEvery exterior door, when closed, shall fit reasonably well within its frame.
eEvery window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction so as to exclude rain as completely as possible, and to substantially exclude wind from entering the building.
fEvery exit door shall be capable of being easily opened from the inside.
gEvery dwelling unit shall have two safe unobstructed exits as required by the laws of the state and the ordinances of the City.
(Code 1976, § 16.08.320) :::
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Sec. 18-114. Exterior structure---Screening.
Guards and screens shall be supplied for protection against rodents and insects in accordance with the following requirements:
1Every basement or cellar window, when open for ventilation, shall be supplied with a screen, or such other device as will effectively prevent the entrance of rodents.
2From June 1 to October 15 of each year, every door, window, or other outside opening used in fulfilling ventilation requirements under this article shall be supplied with a screen of not less than 16 mesh per inch.
(Code 1976, § 16.08.330) :::
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Sec. 18-115. Interior structure---Requirements, generally.
No person shall occupy as owner/occupant, or let to another for occupancy, any dwelling, multifamily dwelling, dwelling unit, roominghouse, rooming unit, or portion thereof, for the purpose of living therein, which does not comply with the requirements in Sections 18-116 through 18-121.
(Code 1976, § 16.08.340) :::
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Sec. 18-116. Interior structure---Freedom from dampness.
Cellars, basements, and crawl spaces shall be maintained reasonably free from dampness to prevent conditions conducive to decay or deterioration of the structure, as required by the Building Code.
(Code 1976, § 16.08.350) :::
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Sec. 18-117. Interior structure---Structural members.
The supporting structural members shall be maintained and structurally sound, showing no evidence of deterioration which would render them incapable of carrying the imposed loads in accordance with the provisions of the Building Code.
(Code 1976, § 16.08.360) :::
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Sec. 18-118. Interior structure---Stairs and railings.
aAll interior stairs shall be maintained in sound condition and good repair by replacing treads and risers that are broken or rotted. Every inside stair shall be constructed and maintained as to be safe to use and capable of supporting a load as required by the applicable building codes.
bEvery stairwell and every flight of stairs which is more than three risers high shall have handrails or railings located in accordance with the provisions of the Building Code. Every handrail or railing shall be firmly fastened, and must be maintained in good condition. Properly balustraded railings, capable of bearing normally imposed loads as required by the Building Code, shall be placed on the open portions of stairs, balconies, landings, and stairwells.
(Code 1976, § 16.08.370) :::
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Sec. 18-119. Interior structure---Bathroom and kitchen floors.
Every bathroom and kitchen floor in each rental dwelling unit shall have the entire floor surface covered with vinyl floor covering, ceramic tile or other approved material.
(Code 1976, § 16.08.380) :::
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Sec. 18-120. Interior structure---Sanitation.
The interior shall be maintained by the occupant and/or owner in a clean and sanitary condition, free from any accumulation of rubbish or garbage. Rubbish, garbage, and other refuse shall be properly kept inside temporary storage facilities as required under Section 18-148.
(Code 1976, § 16.08.390) :::
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Sec. 18-121. Interior structure---Insect and rodent harborage.
aThe buildings shall be kept free from insect and rodent infestation, and where insects or rodents are found they shall be promptly exterminated by acceptable processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
bThe owner of the building shall be responsible for such extermination within the building that is infested.
(Code 1976, § 16.08.400) :::
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Secs. 18-122---18-140. Reserved.
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DIVISION 3. OCCUPANCY REQUIREMENTS
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Sec. 18-141. Generally.
No person shall occupy as owner/occupant, or let to another for occupancy, any dwelling unit or rooming unit for the purpose of living, sleeping, cooking or eating therein, which does not comply with the requirements in this division.
(Code 1976, § 16.08.410) :::
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Sec. 18-142. Sanitary facilities---Equipment; installation and maintenance.
aAll required equipment, and all building space, and parts of every dwelling and multifamily dwelling shall be constructed and maintained so as to properly and safely perform their intended function in accordance with the provisions of the Building Code.
bAll housing facilities shall be maintained in a clean and sanitary condition by the occupant so as not to breed insects and rodents, or produce dangerous or offensive gases or odors.
(Code 1976, § 16.08.420) :::
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Sec. 18-143. Sanitary facilities---Supplied.
The following minimum sanitary facilities shall be supplied and maintained in a sanitary, and safe working condition. Every dwelling unit shall contain:
1Within its walls, a room, separate from the habitable rooms, which affords privacy and which is equipped with a water closet;
2A lavatory;
3A room which affords privacy to a person in said room, and which is equipped with a bathtub or shower;
4A kitchen sink apart from the lavatory required under Subsection (2) of this section.
(Code 1976, § 16.08.430) :::
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Sec. 18-144. Plumbing fixtures and systems.
In buildings and structures used for human habitation, all plumbing fixtures required by this article and all water lines, vents, and drains shall be properly connected to either a public water and sewer system or to an approved water and sewer system. Such plumbing fixtures and systems shall be properly installed, connected and maintained in good working order, and shall be capable of performing the function for which they are designed.
(Code 1976, § 16.08.440) :::
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Sec. 18-145. Water heating facilities.
Every dwelling unit shall be supplied with water heating facilities which are installed in an approved manner, properly maintained, and properly connected with hot water lines to the fixtures required to be supplied with hot water under Section 18-144. Water heating facilities shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every kitchen sink, lavatory basin, bathtub, shower, and laundry facility, or other similar units, at a temperature of 120 degrees Fahrenheit.
(Code 1976, § 16.08.450) :::
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Sec. 18-146. Heating facilities.
Every dwelling and multifamily dwelling shall have heating facilities, and the owner of the heating facilities shall be required to see that they are properly installed, connected, safely maintained, in good working condition, capable of performing the function for which it was designed in accordance with the provisions of the Building Code, and capable of safely and adequately heating all habitable rooms, bathrooms, and toilet rooms located therein, to a temperature of at least 67 degrees Fahrenheit with an outside temperature of ten degrees below zero. Where the owner is responsible for maintaining heat, the owner shall maintain such temperature in all habitable rooms including bathrooms and toilet rooms when rented, when outside temperature is not lower than ten degrees below zero.
(Code 1976, § 16.08.460) :::
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Sec. 18-147. Electrical systems.
Where it is found, in the opinion of the Building Official, that the electrical system in a building constitutes a hazard to the occupants of the building by reason of inadequate service, improper fusing, insufficient outlets or defective fixtures, improper wiring, or deterioration or damage, or for similar reasons, he or she shall require the defects to be corrected to eliminate the hazard, and comply with Housing Regulations requirements.
(Code 1976, § 16.08.470) :::
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Sec. 18-148. Garbage and trash storage facilities.
It shall be the responsibility of the occupant to supply an adequate number of approved containers with covers to hold the accumulation of garbage and trash.
(Code 1976, § 16.08.480) :::
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Sec. 18-149. Bathroom or water closet restrictions.
No bathroom or water closet compartment which is accessory to a dwelling unit shall open directly into, or shall be used in conjunction with, a food store, barbershop or beauty shop, doctor's or dentist's examination or treatment rooms, or similar room used for public purposes.
(Code 1976, § 16.08.490) :::
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Sec. 18-150. Light and ventilation.
No person shall occupy as owner/occupant, or let to another for occupancy, any dwelling, multifamily dwelling, dwelling unit, roominghouse or rooming unit for the purpose of living therein which does not comply with the light and ventilation requirements in Sections 18-151 through 18-156.
(Code 1976, § 16.08.500) :::
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Sec. 18-151. Light requirements---Habitable rooms.
Every habitable room shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total window area, measured between stops, for every habitable room shall be eight percent of the floor area of such room, except in kitchens or basements when artificial light and mechanical ventilation is provided. Whenever exterior walls or other portions of a structure face a window of any room, and such obstructions are located less than three feet from the window, and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court, and shall not be included as contributing to the required minimum total window area for the room.
(Code 1976, § 16.08.510) :::
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Sec. 18-152. Light requirements---Nonhabitable work space.
Every laundry, furnace room, and all similar nonhabitable work spaces located in a dwelling or multifamily dwelling should have one supplied electric light fixture available at all times.
(Code 1976, § 16.08.520) :::
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Sec. 18-153. Light requirements---Halls and stairways.
Every hall and inside stairway in every dwelling or multifamily dwelling shall have a minimum of 1.0 watts per square foot.
(Code 1976, § 16.08.530) :::
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Sec. 18-154. Electrical outlets required.
Every habitable room of a dwelling or multifamily dwelling shall contain at least two separate and remote outlets, one of which may be a ceiling-type or wall-type electric light fixture. Every hall, bathroom, laundry room, or furnace room shall contain at least one electric light fixture. In every bathroom and laundry room there shall be provided at least one electrical outlet.
(Code 1976, § 16.08.540) :::
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Sec. 18-155. Ventilation, habitable rooms.
Every habitable room shall have at least one window which can be easily opened, or such other device as will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least 25 percent of the minimum window area size required in Section 18-151, except where mechanical ventilation is provided.
(Code 1976, § 16.08.550) :::
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Sec. 18-156. Ventilation and light in bathrooms and water closets.
Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms as required by Sections 18-151 and 18-154, except that no window shall be required in bathrooms or water closet compartments equipped with an approved ventilation system.
(Code 1976, § 16.08.560) :::
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Sec. 18-157. Fire prevention requirements.
No person shall occupy as owner/occupant, or shall let to another for occupancy, any dwelling, multifamily dwelling, dwelling unit, roominghouse, rooming unit, lodginghouse or lodging unit which does not comply with the applicable provisions of the fire prevention ordinances, or the building ordinances, and the requirements of Sections 18-157 and 18-158 for safety from fire.
(Code 1976, § 16.08.570) :::
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Sec. 18-158. Flammable liquids storage prohibited.
No dwelling, multifamily dwelling, dwelling unit, or rooming unit shall be located within a building containing any establishment handling, dispensing, or storing flammable liquids with a flash point of 110 degrees Fahrenheit or lower.
(Code 1976, § 16.08.580) :::
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Sec. 18-159. Food preparation appliances.
When appliances such as a stove and refrigerator are furnished by the owner, all appliances shall be maintained in proper working condition so as to be free from fire and health hazards.
(Code 1976, § 16.08.590) :::
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Secs. 18-160---18-186. Reserved.
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DIVISION 4. ROOMINGHOUSES
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Sec. 18-187. Applicable regulations.
Every occupant who operates a roominghouse, or who occupies or lets to another for occupancy any rooming unit in any roominghouse, shall comply with the provisions of every section of the Housing Regulations.
(Code 1976, § 16.08.600) :::
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Sec. 18-188. License---Application; fee.
aNo person shall operate a roominghouse with accommodations available or intended for five or more roomers unless he or she holds a valid roominghouse license issued by the City Clerk in the name of the operator, and for the specific dwelling unit. The operator shall apply to the office of the Building Official for a permit for a license, which shall be issued by the City Clerk upon compliance by the operator, to the satisfaction of the Building Official, with the applicable provisions of this article. This license shall be displayed in a conspicuous place within the roominghouse at all times. No such license shall be transferable. Every person holding such a license shall give notice in writing to the office of the City Clerk and the Building Official within 24 hours after having sold, transferred, given away or otherwise disposed of ownership of, interest in, or control of any roominghouse. Such notice shall include the name and address of the person succeeding to the ownership or control of such roominghouse.
bThe annual fee for said license shall be in an amount as established by the City Council from time to time, and shall run from July 1 to June 30. There shall be no proration of said fee for any shorter term.
(Code 1976, § 16.08.610; Ord. No. 2017-705, § VIII, 11-27-2017; Ord. No. 2018-742, § IX, 11-26-2018) :::
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Sec. 18-189. License---Appeal on denial.
Any person whose application for a permit to obtain a license to operate a roominghouse has been denied may request, and shall be granted, a hearing on the matter under the procedure provided by Section 18-71.
(Code 1976, § 16.08.620) :::
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Sec. 18-190. Notice of violations; correction or suspension procedure.
Whenever, upon inspection of any roominghouse, the Building Official finds that conditions or practices exist which are in violation of any provision of this article, the Building Official shall give notice in writing to the operator of such roominghouse that unless such conditions or practices are corrected within a reasonable period, to be determined by the Building Official, the operator's roominghouse license will be suspended. At the end of such period, the Building Official shall reinspect such roominghouse. If he or she finds that such conditions or practices have not been corrected, he or she shall give notice in writing to the operator that the latter's license has been suspended. Upon receipt of notice of suspension, such operator shall immediately cease operation of such roominghouse, and no person shall occupy for sleeping or living purposes any rooming unit therein.
(Code 1976, § 16.08.630) :::
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Sec. 18-191. License suspension; appeal.
Any person whose license to operate a roominghouse has been suspended, or who has received notice from the Building Official that his or her license is to be suspended unless existing conditions or practices at his or her roominghouse are corrected, may request and shall be granted a hearing on the matter before the Zoning Board of Appeals, under the procedure provided by Section 42-246.
(Code 1976, § 16.08.640) :::
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Sec. 18-192. Water closet, hand lavatory, and bath facilities.
At least one water closet, lavatory basin, and bathtub or shower properly connected to an approved water and sewer system, and in good working condition, shall be supplied for each four rooms within a roominghouse, wherever said facilities are shared. All such facilities shall be located within the residence building served, affording privacy from the habitable rooms, and shall be directly accessible from a common hall or passageway, and shall be not more than one story removed from any of the persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times. Such required facilities shall not be located in a cellar, unless the rooming unit is in the cellar.
(Code 1976, § 16.08.650) :::
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Sec. 18-193. Minimum floor area for sleeping purposes.
Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor area for each occupant thereof.
(Code 1976, § 16.08.660) :::
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Sec. 18-194. Bed linen and towels.
The operator of every roominghouse shall change supplied linen and towels therein at least once each week, and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary condition.
(Code 1976, § 16.08.670) :::
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Sec. 18-195. Shades and draperies.
Every window of every rooming unit shall be supplied with shades, drawn drapes, or other devices or material which, when properly used, will afford privacy to the occupant of the rooming unit.
(Code 1976, § 16.08.680) :::
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Sec. 18-196. Sanitary maintenance.
The operator of every roominghouse shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for the sanitary maintenance of every other part of the roominghouse. He or she shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the roominghouse is contained is leased or occupied by the operator.
(Code 1976, § 16.08.690) :::
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Secs. 18-197---18-215. Reserved.
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DIVISION 5. RESPONSIBILITIES OF OCCUPANTS
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Sec. 18-216. Generally.
Occupants of dwellings, multifamily dwellings, and dwelling units, and owners or operators of roominghouses shall be responsible for maintenance thereof as provided in this division.
(Code 1976, § 16.08.700) :::
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Sec. 18-217. Sanitary condition.
Every occupant of a dwelling unit shall keep that part of the dwelling unit, and premises thereof which he or she occupies, controls, or uses, in a clean and sanitary condition.
(Code 1976, § 16.08.710) :::
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Sec. 18-218. Rubbish disposal.
Every occupant of a dwelling unit shall dispose of all his or her rubbish in a clean and sanitary manner by placing it in rubbish containers.
(Code 1976, § 16.08.720) :::
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Sec. 18-219. Garbage disposal.
Every occupant of a dwelling unit shall dispose of his or her garbage in a clean and sanitary manner by placing it in the garbage disposal facilities, or by placing it in tight garbage storage containers as required by Section 30-8. These containers are to be supplied as provided in Section 18-148.
(Code 1976, § 16.08.730) :::
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Sec. 18-220. Plumbing fixtures; use and operation.
Every occupant of a dwelling unit shall keep the plumbing fixtures therein clean and sanitary, and shall be responsible for the exercise of reasonable care in their proper use and operation.
(Code 1976, § 16.08.740) :::
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Secs. 18-221---18-248. Reserved.
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DIVISION 6. RAZING OF BUILDINGS
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Sec. 18-249. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Building Official means the Building Director or his or her designee.
Major buildings means a building or structure having occupiable space of over 20,000 square feet commercial/industrial that had a principal commercial/industrial use as its most recent use allowed by law, which principal use has ceased.
Minor buildings means a building or structure having occupiable space of under 20,000 square feet that had a principal residential/commercial/industrial use as its most recent use allowed by law, which principle use has ceased.
Razing of buildings means demolishing and removing the building and restoring the site to a dust-free and erosion-free condition.
(Code 1976, § 15.08.010) :::
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Sec. 18-250. Permit.
aPermit required. No person, firm, or corporation shall raze or cause to be razed any building, structure, or part thereof without first obtaining a permit from the Building Official.
bPermit application. The owner of the building to be razed shall sign the permit application. In the alternative, an agent for the owner may sign the permit application upon providing written authorization verifying the permission of the owner to apply for the permit. The Building Official may require additional information and other state or local permits as required by law, rule, or regulation.
cFees. Permit fees shall be established from time to time by the City Council.
dPermit conditions. All permits shall be subject to the following conditions:
1A Notice of Demolition DNR form #4500-113 must be completed and provided to the Building Official for all commercial buildings or residential buildings of five or more dwelling units if asbestos is being removed prior to demolition. An asbestos containing material (ACM) inspection will be completed by a certified asbestos inspector separate from and prior to work under a demolition permit. All asbestos containing materials which require removal prior to razing will be removed from the building by a certified asbestos abatement contractor separate from and prior to the start of work under a demolition permit. Proof of DNR approval must be submitted prior to issuance of a demolition permit.
2Every person filing an application for a permit for the demolition of a major building or structure shall file with the Building Official such application a detailed plan indicating the manner in which the building or structure is to be demolished, the time schedule for all phases of the demolition work, a disposal plan for debris. The plan shall also address noise, dust, debris transport, hours of work, and protection of excavated or hazardous areas and disposal areas.
3The razing of a building shall be completed within 60 days after the date the permit was issued. The Building Official may, at his or her discretion, extend the permit for cause. Cause shall mean the inability of the permittee to act due to circumstances beyond permittee's reasonable control upon the exercise of due diligence.
4Work done under a demolition permit is subject to inspection by the Building Official who shall have the authority to order corrective work. Failure to follow the orders of the Building Official, or to complete the raze in accordance with this Code, shall give the Building Official authority to seek restitution from any required bond. If no bond, the cost thereof shall be assessed against the property as a special charge and added to the next tax roll against such property.
5Whenever a building or structure has been razed, the foundation thereof, if any, shall be leveled to at least one foot below grade. The basement and other openings shall be filled to grade with sand, limestone, or other fill approved by the Building Official. No combustible material may be used for the fill material. The excavation must be filled to grade within a period of 60 days from the date the permit to raze had been issued, unless within that time actual new construction has been commenced on the site. If such excavation has not been filled, construction commenced, or an extension granted by the Building Official within the 60-day period of time, it shall be the duty of the Building Official to have the excavation filled and the cost thereof shall be assessed against the property as a special charge and added to the next tax roll against such property.
6Remaining slabs and private sidewalks shall be removed from the site by the permittee prior to final approval.
7Whenever a building or structure has been razed, the site shall be graded with a minimum of six inches of topsoil, with seed and mulch or sod applied to cover the entire disturbed area.
eMajor buildings. Additional condition of issuance by the Building Official of the permit for major buildings:
1The applicant/permittee shall post with the City Clerk-Treasurer a surety bond payable to the City of Janesville in a form approved by the City Attorney in the amount of the actual cost of the permitted work. Such bond shall guarantee that all work is performed in accordance with this Code and other state and local laws, rules, and regulations, hold the City harmless from any costs and expenses arising from the permitted work, and secure timely performance of the work. The City may reasonably require a bond of a greater amount, on a case-by-case basis, where deemed necessary, to protect the City. In extraordinary circumstances, the City Council may allow for an alternate form of security in an amount deemed reasonably necessary and sufficient. The bond shall be made payable to the City of Janesville upon demand unless all work is timely completed by the permittee.
2The permittee shall have the responsibility at all times to obtain, pay for, and maintain policies of insurance in the following minimum amounts, naming the City of Janesville as an additional and/or co-insured for all entities or natural persons doing work upon the property, building, and/or structure, or associated with the work under the permit, and shall maintain on file with the City Clerk-Treasurer current certificate of insurance for same:
a. Commercial general liability:
1. General aggregate: $2,000,000.00.
2. Each occurrence $1,000,000.00.
b. Automobile liability (owned, non-owned, leased):
1. Bodily injury: $1,000,000.00 each occurrence.
2. Property damage: $1,000,000.00 each occurrence.
c. Pollution legal liability: $5,000,000.00 each loss where asbestos removal, environmental process, abatement, remediation, or dumping/disposal in a federal or state regulated facility is required.
d. Workers' compensation: Statutory limits.
e. Umbrella liability: $2,000,000.00 over the primary Commercial General Liability and Automobile Liability insurance coverages listed above.
3Every person filing an application for a permit for the demolition of a major building or structure shall file with the Building Official such application a detailed plan indicating the manner in which the building or structure is to be demolished, the time schedule for all phases of the demolition work, a disposal plan for debris. The plan shall also address noise, dust, debris transport, hours of work, and protection of excavated or hazardous areas and disposal areas.
(Code 1976, § 16.08.020) :::
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Sec. 18-251. Operating requirements.
The following general operating requirements shall apply to all permittees or those working for a permittee subject to terms of the permit in accordance with the provisions of this article.
1Demolition contractor shall notify all utilities for proper disconnections.
2The owner of each adjacent building shall be legally notified of the proposed wrecking so that proper precautionary and protective measures can be arranged and made, and that proper arrangements have been made by the wrecker or adjacent owner of by both parties to treat the resulting exposed portion of each adjacent building aesthetically so that such exposed portion will not present an eyesore to the public spectacle.
3Demolition contractor is responsible for permanent compliant capping and inspection of all sewer and water laterals as determined by the Building Official.
4Any underground storage tanks shall be removed in accordance with Fire Department Regulations and other applicable regulations.
5Any well must be capped and abandoned with DNR approval. The DNR abandonment form must be submitted to the water utility.
6Demolition contractor is responsible for payment of repairs for any excavation in the right-of-way for this project.
7Demolition contractor shall replace all public sidewalk, curb, gutter, street, or utility damaged during the demolition.
8The building and premises shall, at all times, be maintained in as clean, neat, and sanitary of a condition as such premises will reasonably permit, in the sole opinion of the Building Official and/or his or her designee.
9No basement or excavation hole will remain exposed overnight without proper barricading or fencing.
10Work done under this permit is subject to inspection and approved by the Building Official and/or his or her designee.
11No scrap salvage or debris which is temporarily stored on the premises shall be allowed to rest or protrude over any public street, walkway, terrace, other public property, or curb, or become scattered about or blown off the premises, or become a nuisance or hazard of any kind.
12All demolition work shall be watered down during the demolition.
13In cases where a building or structure to be razed lies in a business or industrial zone and is not more than five feet from a sidewalk, all necessary precautions such as barricades, railings, wall, light, etc., shall be taken to safeguard and protect any persons or property on or adjacent to such sidewalks. All existing and adjoining public and private property shall be protected from damage incidental to the razing operations.
14The permit holder shall dispose of building and structure debris in a licensed landfill, except for salvaged materials.
15The permit holder must meet standards, pursuant of Article I of Chapter 30, as from time to time amended and/or renumbered.
(Code 1976, § 16.08.030) :::
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Sec. 18-252. Inspections.
Permit holders and property owners shall permit authorized representatives of any department official, or employee of the City having enforcement powers to inspect, from time to time and at any time, the premises permitted and those proposed to be permitted, with or without advance notice, as often as may be required to permit said departments, the Building Official, and/or his or her designee to perform his or her and/or their duties to facilitate compliance with the permittee's requirements under this article, without first obtaining a special inspection warrant. The unreasonable or unexcused failure and/or refusal by any person to permit such inspection shall be grounds for permit denial, suspension, revocation, enforcement, the imposition of fee penalties, the imposition of other penalties, the issuance and execution of a special inspection warrant, and/or such other relief as provided in law and equity, all such remedies being cumulative and not exclusive in favor of the City, its Building Official, and/or his or her designee.
(Code 1976, § 16.08.040) :::
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Sec. 18-253. Enforcement.
The Building Director and/or his or her designee shall have the primary responsibility to enforce this article. Enforcement authority is as set forth in Article VII of Chapter 10.
(Code 1976, § 16.08.050) :::
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Sec. 18-254. Penalty; relief.
aFailure to obtain a permit prior to commencement of work will result in a penalty of $100.00 or double the permit fee, whichever is greater, but in no event shall the penalty exceed $2,000.00. Such penalty shall be paid in addition to the customary permit fee.
bA re-inspection fee shall be charged by the City against and paid by the property owner if the violation is not corrected by the re-inspection date. The re-inspection fee will be charged for each subsequent re-inspection until full compliance is achieved. Re-inspection fees that are not timely paid shall be entered upon the tax roll as a special charge against the lot or parcel of land, pursuant to the provisions of Wis. Stats. § 66.0627, as from time to time amended or renumbered. The re-inspection fee shall be in an amount as established by the City Council from time to time.
cAdditional penalties, remedies, and relief for violations hereof are as set forth in Article VII of Chapter 10, as from time to time amended or renumbered.
dAll double and other permit fees, re-inspection fees, relief, remedies, penalties, and enforcement set forth in this article, in Article VII of Chapter 10, and/or at law or equity are cumulative and not exclusive.
(Code 1976, § 16.08.060) :::
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Chapter 28 SIGNS
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ARTICLE I. IN GENERAL
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Sec. 28-1. Purpose.
The purpose of this chapter is to promote the public health, safety and welfare by creating a framework for a comprehensive and balanced system of signs, and thereby to facilitate an easy and pleasant communication between people and their environment. With this purpose in mind, it is the intention of this chapter to establish standards for the construction, placement, type, size, materials and maintenance of signs, and authorize the use of signs which are:
1Compatible with their surroundings;
2Appropriate to the type of activity to which each pertains;
3Legible in the circumstances in which they are seen;
4Constructed of approved materials and placed or fastened and electrically connected in compliance with all applicable codes and ordinances.
(Code 1976, § 14.04.010; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-2. Severability.
If any part of this Code is found to be invalid, then all valid parts that are severable from the invalid parts shall remain in effect. If any part of this Code is found to be invalid in one or more of its several applications, the part shall remain in effect in all valid applications that are severable from the invalid applications.
(Code 1976, § 14.04.020; Ord. No. 84.373, § 1(part), 1984) :::
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Secs. 28-3---28-20. Reserved.
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ARTICLE II. DEFINITIONS
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Sec. 28-21. Generally.
As used in this article, the terms defined in this article shall have the meanings designated in this article.
(Code 1976, § 14.08.010; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-22. Attention-getting device.
The term "attention-getting device" means a supplemental sign or series of signs, streamers, pinwheels, pennants or other such devices which are made of flexible materials and suspended, hung, pinned or otherwise fastened to or away from a structure in such a manner that they are permitting to spin, fly, flap or otherwise move with the wind, thereby attracting attention.
1Banners, national flags, state flags, and flags of political subdivisions are not considered attention-getting devices for purposes of this article.
2Flags and banners of nonprofit organizations and nonprofit corporations, when used in conjunction with a commercial enterprise, venture, or purpose, are considered attention-getting devices for purposes of this article.
(Code 1976, § 14.08.020; Ord. No. 87-500, § 1, 1987; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-23. Awning.
The term "awning" means a temporary shelter extending from part or all of a building wall and composed of nonrigid materials except for the supporting framework.
(Code 1976, § 14.08.030; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-24. Building Official.
The term "Building Official" means the official designated by the City Manager to enforce and administer this article, or his or her duly authorized representative.
(Code 1976, § 14.08.040; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-25. Canopy (marquee).
The term "canopy (marquee)" means a permanent roof-like shelter extending from part or all of a building wall and construction of some durable, rigid material such as metal, glass or plastic.
(Code 1976, § 14.08.050; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-26. Center City.
aCenter City is that area in the City bounded by the following streets:
1Centerway between Cornelia Street and Center Avenue;
2Center Avenue between Centerway and McKinley Street;
3McKinley Street between Center Avenue and South Jackson Street;
4South Jackson Street between McKinley Street and West Racine Street;
5Racine Street between South Jackson Street and South Parker Drive;
6South Parker Drive between Racine Street and St. Lawrence Avenue;
7St. Lawrence Avenue between South Parker Drive and Atwood Avenue;
8Atwood Avenue between St. Lawrence Avenue and Prospect Avenue;
9Prospect Avenue between North Atwood Avenue and Cornelia Street;
10Cornelia Street between Prospect Avenue and East Centerway.
bCenter City includes all lots abutting on both sides of those portions of the streets listed in Subsection (a)(1) through (10) of this section.
(Code 1976, § 14.08.060; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-27. Curb elevation.
The term "curb elevation" means the elevation of the established curb in front of a building measured at the center of such front. Where no curb elevation has been established, the City Engineer shall establish such curb elevation.
(Code 1976, § 14.08.070; Ord. No. 34-373, § 1(part), 1984) :::
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Sec. 28-28. Electronic message signs.
The term "electronic message sign" means and includes, without limitation, all on-premises and off-premises signs displaying, in whole or in part, words, numerals or graphics which change their appearance, or which indicate the names or depict persons associated with or events conducted upon or products or services offered upon the premises where the sign is maintained or which indicate or depict the names of persons associated with, events conducted upon or products or services offered off-premises and at other than the premises where the sign is maintained, and which is illuminated internally by means of electronic bulbs or other similar methods, controlled electronically and able to be programmed to change indefinitely.
(Code 1976, § 14.08.070) :::
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Sec. 28-29. Frontage.
The term "frontage" means the length of the property line of any one parcel parallel to and along each public street it borders.
(Code 1976, § 14.08.080; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-30. Height of sign.
The term "height of sign" means the vertical distance measured from the adjacent curb elevation of the nearest street, which permits the greatest height to the highest point of the sign.
(Code 1976, § 14.08.090; Ord. No. 34-373, § 1(part), 1984) :::
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Sec. 28-31. Integrated center.
The term "integrated center" means a grouping of compatible uses on a single parcel being in single ownership or under unified control.
(Code 1976, § 14.08.100; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-32. Parcel.
The term "parcel" means individual piece of land given a separate parcel number by the Assessor's office. However, when contiguous pieces of land with separate parcel numbers are under unified control and are in use by the same business enterprise, all such contiguous land shall be treated as one parcel.
(Code 1976, § 14.08.110; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-33. Person.
The term "person" means any person, firm, partnership, association, corporation, company or organization, singular or plural, of any kind.
(Code 1976, § 14.08.120; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-34. Roof line.
The term "roof line" means the top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.
(Code 1976, § 14.08.130; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-35. Sign.
The term "sign" means any surface, fabric, device or display which bears lettered, pictorial, or sculptured matter illuminated or non-illuminated which is visible from any public place and which advertises, identifies, conveys information or directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise or any emblem, placard or temporary sign. For the purpose of this article, signs shall also include all sign structures and component parts.
(Code 1976, § 14.08.140; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-36. Banner sign.
aThe term "banner sign" means any sign intended to be hung either with or without a frame, possessing characters, letters, illustrations or ornamentations applied to plastic, fabric or other nonrigid material,
bNo banner sign may be constructed, in whole or in part, of paper.
(Code 1976, § 14.08.150; Ord. No. 87-500, § 5, 1987; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-37. Building sign.
The term "building sign" means any sign lettered to give the name of a building itself, as opposed to the name of the occupants or services.
(Code 1976, § 14.08.160; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-38. Construction sign.
The term "construction sign" means any sign giving the name or names of principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed, together with other relevant information included thereon.
(Code 1976, § 14.08.170; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-39. Directional sign.
The term "directional sign" means any off-premises sign which serves solely to designate the location or direction of a place or area.
(Code 1976, § 14.08.180; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-40. Ground sign (pole sign).
The term "ground sign (pole sign)" means any sign which is supported by structures or supports in or upon the ground and independent of support from any building.
(Code 1976, § 14.08.190; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-41. Instructional sign.
The term "instructional sign" means any sign which provides directions, information or instructions for the premises on which it is located. Instructional signs include, but are not limited to, the following examples: signs for traffic movement onto and within premises, such as "enter" and "drive through lane-keep right;" signs for operation of equipment, such as instructions for self-service gasoline pumps or self-service car washes; signs for safety or warning, such as "nine-foot clearance" and "no parking-fire lane."
(Code 1976, § 14.08.200; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-42. Mobile sign.
The term "mobile sign" means any portable sign structure not permanently attached to the ground or to any other structure.
(Code 1976, § 14.08.210) :::
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Sec. 28-43. Off-premises sign.
The term "off-premises sign" means any sign which directs attention to a business, commodity, service or entertainment not related to the parcel on which the sign is located, or to a business, commodity, service or entertainment which is conducted, sold or offered elsewhere than on the parcel on which the sign is located.
(Code 1976, § 14.08.220; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-44. Off-premises sign, electronic.
The term "off-premises sign, electronic," means any off-premises sign that meets the definition of an electronic message sign.
(Code 1976, § 14.08.225) :::
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Sec. 28-45. On-premises sign.
The term "on-premises sign" means any sign identifying or advertising a business, person, activity, goods, products or services located on the parcel where the sign is installed and maintained.
(Code 1976, § 14.08.230; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-46. Projecting sign.
The term "projecting sign" means any sign attached to and projecting perpendicular from a wall.
(Code 1976, § 14.08.240; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-47. Roof sign.
The term "roof sign" means any sign erected or constructed wholly upon or over any portion of the roof of any building and supported solely on the roof structure.
(Code 1976, § 14.08.250; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-48. Sandwich board sign.
A sandwich board sign is an outdoor, freestanding sign consisting of two sign faces hinged together. A sandwich board sign does not include other portable signs. A sandwich board sign must exclusively refer to a business, person, activity, product, service or price located on the premises immediately adjacent to the public sidewalk or private property where the sign is located or used. Upon a public sidewalk, use is permitted only upon that portion of the sidewalk immediately in front of the referred-to business property.
(Code 1976, § 14.08.255; Ord. No. 2018-724, § I, 6-25-2018) :::
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Sec. 28-49. Subdivision sign.
Subdivision sign means any sign which provides only the name of a subdivision, the name of an apartment complex, the name of a condominium development or a similar development.
(Code 1976, § 14.08.260; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-50. Wall sign.
Wall sign means any sign which is parallel to and affixed to an exterior wall or mansard roof of a building. Wall signs also include signs which are parallel to the wall of the building and attached to the roof of a canopy.
(Code 1976, § 14.08.270; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-51. Window sign.
Window sign means any sign placed inside or upon a window facing the outside, which is intended to be seen from the exterior.
(Code 1976, § 14.08.280; Ord. No. 84-373, § 1(part), 1984) :::
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Secs. 28-52---28-75. Reserved.
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ARTICLE III. PERMIT AND FEES
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Sec. 28-76. Permit required; application form; information required.
aNo person, firm or corporation shall hereafter place, maintain, or cause to be placed or maintained, unless the maintenance is for an existing, legal sign, any sign on any land or on any building visible from any public place without first having received a permit from the Building Official.
bApplications for each permit shall be on forms furnished by the City, complete with a sketch of the sign, not necessarily to scale, with material, manufacturer's name, and Underwriters Laboratories approval, or inspected and approved by the City Inspection Department, a picture of the parcel and building, type of illumination, along with written approval of the owner or occupant of the property on which the sign is to be located. Such approval shall indicate agreement to remove the sign at such approver's expense when the sign is abandoned or when, in the opinion of the Building Official, such sign constitutes a potential hazard to persons or property.
(Code 1976, § 14.12.010; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-77. Permit---Signs using electrical lighting systems; requirements.
aA permit is required for any sign which employs an electrical lighting system as an integral part of the sign. The permit application shall contain the individual serial number of the Underwriters Laboratories label which shall be affixed to the sign upon installation, unless approval has been granted by the City Building Division.
bNo permit may be issued for any electrical sign unless it is made, wired and constructed in accordance with the Underwriters Laboratories' standards and the ordinance of the City.
cNo electrical connections may be made from any sign to an electrical service, or from an electrical service to any sign, except by a Class A licensed electrician. Any freestanding sign requiring electrical installation shall be supplied power only by underground wiring.
(Code 1976, § 14.12.020; Ord. No. 84-373, § 1(part), amend. 1, § 1, 1984) :::
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Sec. 28-78. Permit---Issuance.
The Building Official shall issue a permit under this article to the applicant if the applicable regulations have been complied with, if the applicant has a currently valid sign erector's license, and if the proper fees under this article have been paid.
(Code 1976, § 14.12.030; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-79. Information required to be displayed on sign.
On every sign of any nature, the erector shall, in a permanent manner, state the name and address of the license holder that erected the sign, the permit number, and the date of its erection. Such information must be readable from a distance of at least one foot. Failure of any sign, for which a permit is required, to have such information on it shall be just and sufficient cause for immediate removal of the sign at the expense of the property owner.
(Code 1976, § 14.12.040; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-80. Fee---Specified.
aAll signs. The permit fees for all new and/or modified signs shall be in amounts as established by the City Council from time to time.
bIf a sign is erected or placed without obtaining the necessary permit, fees for such permit shall be doubled.
(Code 1976, § 14.12.050; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-81. Fee---Computation of sign area.
aIn computing the area of any sign within a perimeter which forms the outside shape of a sign, standard mathematical formulas for known or common shapes (parallelogram, triangle, circle or any other easily recognized geometric shape) will be used. In the case of irregular shapes, straight lines drawn closest to the extremities of the shape will be used. If the sign consists of more than one module, the total area of all modules constitutes the sign area. Sign supports and minor nonlighted decorative effects shall not be included in the sign area.
bIf a sign consists solely of letters or symbols attached to a building, the sign copy area shall be determined by straight lines drawn closest to copy extremities encompassing individual letters or words.
cFor purposes of computation of three-dimensional signs, a three-dimensional sign shall be considered a two-sided sign.
dThe maximum area limitation, as provided in this article for on-premises signs in all districts apply only to one face. If the sign has two faces, each face may have the maximum area provided. A permit must be issued for each face and the appropriate fee must be paid for each face.
eThe Building Official shall have final authority in determining sign area.
(Code 1976, § 14.12.060; Ord. No. 84-373, § 1(part), 1984) :::
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Secs. 28-82---28-105. Reserved.
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ARTICLE IV. SIGN ERECTORS
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Sec. 28-106. License---Required.
aNo person, firm, or corporation shall engage in erecting, removing, or servicing signs, as defined by this chapter, without first obtaining a sign erector's license.
bOnly one license per firm is required. Such license may be issued in the name of the applicant or the firm which employs the applicant. If the license is issued in the name of the firm, such firm shall notify the City immediately if the applicant is no longer employed by such firm. Both the firm and the applicant shall be responsible for compliance with the ordinances and for all activities performed pursuant to such license.
(Code 1976, § 14.16.010; Ord. No. 84-373, § 1(part), 1984; Ord. No. 2023-866, § I, 4-10-2023) :::
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Sec. 28-107. License---Fee; council approval.
Each applicant for a sign erector's license shall, at the time the examination is given, file an application for such license accompanied by a fee in an amount established by the City Council from time to time with the City Clerk-Treasurer, who shall transmit such application to the City Council. The City Council is authorized to grant a sign erector's license to any qualified applicant.
(Code 1976, § 14.16.020; Ord. No. 84-373, § 1(part), 1984; Ord. No. 2017-705, § IX, 11-27-2017; Ord. No. 2018-742, § X, 11-26-2018) :::
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Sec. 28-108. Liability insurance required.
Every person, firm or corporation applying for a sign erector's license under this article shall file with the City Clerk a certificate of insurance showing that the applicant carries public liability and property damage insurance with coverage of at least $100,000.00 per person and $300,000.00 per event. Furthermore, each applicant shall indemnify, save and keep harmless the City and its officials from any and all claims, damages, losses, liabilities, actions, suits or judgments which may be presented, brought, secured or sustained against the City or any of its officials on account of the construction, installation, maintenance, alteration or removal of any of the signs, or by reason of any accidents caused thereby or resulting therefrom.
(Code 1976, § 14.16.030; Ord. No. 84-373, § 1(part), amend. 1, § 2, 1984) :::
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Sec. 28-109. Expiration date; renewal.
Every sign erector's license shall expire on June 30 following the date of its issue and may be renewed for one year upon payment to the City Clerk-Treasurer of the license fee not later than June 30 in the year in which the license expires. Should any person fail to renew his or her license by June 30 of the year in which such license expires, he or she will be required to make application for a new license in the same manner as a new applicant. The City Council is authorized to renew a sign erector's license for any qualified applicant.
(Code 1976, § 14.16.040; Ord. No. 84-373, § 1(part), 1984; Ord. No. 2023-866, § II, 4-10-2023) :::
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Sec. 28-110. Applicability.
It is unlawful for any person, firm or corporation holding a sign erector's license to allow the use of his or her license, directly or indirectly, for the purpose of obtaining local permits for others, except that a person with a sign erector's license may lawfully obtain permits for a corporation or firm which is actively engaged in the sign contracting business with a recognized business location, provided that such person is permanently employed by such firm or corporation.
(Code 1976, § 14.16.050; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-111. Revocation.
Any license may be revoked, or any application for such license may be denied by the City Council should the licensee violate any ordinance or law relating to signs or other advertising structures. No license shall be revoked unless the licensee has been notified in writing of the charges against him or her and the date of the hearing of the charges, and is allowed to be heard at the hearing, and is allowed all other rights required by the guarantees of due process. Non-renewal of an existing license shall carry the same due process requirements.
(Code 1976, § 14.16.060; Ord. No. 84-373, § 1(part), 1984) :::
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Secs. 28-112---28-135. Reserved.
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ARTICLE V. GENERAL REGULATIONS
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Sec. 28-136. Generally.
The regulations in this article shall apply to all signs, unless otherwise specified.
(Code 1976, § 14.20.010; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-137. Scope.
All signs visible from a public place and all structural alterations or relocations of existing signs occurring hereafter shall be subject to all regulations of this article unless specifically exempted and shall be subject to other applicable ordinances of the City.
(Code 1976, § 14.20.020; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-138. Conflicting provisions.
Any time there is more than one provision applicable to a situation, and there is a conflict between such provisions, the more restrictive provision or the one that imposes a higher standard shall control.
(Code 1976, § 14.20.030; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-139. Signs---Prohibited on public property.
No person, firm or corporation shall place any sign upon, over or in any public property; provided, that this section shall not be construed to prohibit the erection or placing of any sign authorized by law, or specifically permitted by this article to project into the public way or to be located upon public property.
(Code 1976, § 14.20.040; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-140. Signs---Not to interfere with traffic signs.
No person, firm or corporation shall erect any sign at any location where it may, by reason of its position, shape, color or other characteristics, interfere with, obstruct the view of, or be confused with any authorized traffic sign, device or signal, nor shall any sign make use of words such as "stop," "danger" or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse users of streets or highways.
(Code 1976, § 14.20.050; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-141. Signs---Not to constitute a public hazard.
All signs shall be constructed and maintained in a safe and proper manner so as to prevent any harm or hazard to the public.
(Code 1976, § 14.20.060; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-142. Signs---On structures.
aNo person, firm or corporation shall paint, paste or otherwise affix any sign or attention-getting device directly upon any wall, building, fence or any other such structure, or any billboard unless such billboard is authorized by this article. If removal of such sign is required, removal shall be defined as painting, sandblasting, chemical removal or using similar methods to completely remove such sign so that it is no longer visible.
bNo person, firm or corporation shall paint, paste or otherwise affix any sign or attention-getting device directly upon any post or utility pole when such post or pole is being used for any purpose other than support of a sign.
(Code 1976, § 14.20.070; Ord. No. 84-373, § 1(part), amend. 3, § 2, 1984) :::
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Sec. 28-143. On-premises ground signs.
aIn addition to all other limitations specified in this chapter, an on-premises ground sign may be displayed only if:
1It is at least 30 feet from any other ground sign;
2There is no projecting or roof sign located on the same parcel, except if otherwise specifically permitted in this article.
b(1) The message portion and message portion framework of the on-premises ground sign shall have not less than a ten-foot minimum clearance above grade.
2The message portion and message portion framework of an on-premises ground sign may possess less than a ten-foot minimum clearance above grade only if:
a. The ground sign is located where otherwise permitted by this chapter 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:
1. All property corners located at street intersections and along all side property lines; and
2. 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.
b. The ground sign shall not exceed 75 square feet of total area including the sign base except for parcels located within Sign District A, B or C and having 600 linear feet or more of parcel frontage on public streets, in which case the ground sign area may not exceed 125 square feet including the sign base. For any site with less than 600 linear feet of frontage, the surface area of the sign base shall be calculated based on the total perimeter boundary of the base from ground plane to the top 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. For any site within Sign District A, B or C with more than 600 linear feet of frontage, a sign area of greater than 75 square feet in area and no copy lower than ten feet above ground plane, the first ten feet of the sign from ground plane shall be exempt. The surface area of such sign shall be calculated based on the perimeter boundary from outside edge to outside edge from ten feet above ground plane to the top of the sign. Any openings in the base shall be included within the area calculation.
(Code 1976, § 14.20.080) :::
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Sec. 28-144. Off-premises ground signs.
Off-premises ground signs are allowed in accord with the provisions of Section 28-189. Those provisions limit the locations for off-premises signs to only those parcels fronting specific streets regardless of the parcel's sign district designation.
(Code 1976, § 14.20.085) :::
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Sec. 28-145. Wall signs.
aWall signs may be attached flat to or pinned away from the wall. Such sign shall not project more than 12 inches from the wall, or 18 inches for time and temperature signs.
bWall signs shall not extend above the roof line.
(Code 1976, § 14.20.090; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-146. Projecting signs.
aNo projecting sign may be erected if either a ground sign or a roof sign is located on the same parcel, except if otherwise permitted by this article.
bOnly one projecting sign may be located per occupancy per street frontage.
cProjecting signs shall be spaced no less than 30 feet from another projecting sign.
dNo projecting sign may extend above the roof line.
eProjecting signs shall clear the ground by at least ten feet.
fThe restrictions in this section do not apply to canopies.
(Code 1976, § 14.20.100; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-147. Support design.
Projecting and ground signs shall appear to be free of any bracing, angle iron, chains, guy wires or cables. Any supports shall appear to be an architectural and integral part of the building. Supporting columns or round, square, or shaped steel members may be erected if required.
(Code 1976, § 14.20.110; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-148. Electronic message signs; on-premises.
aNo illuminated flashing signs shall be permitted. Flashing signs are those which change their appearance more than once every four seconds. Chasing lights shall not be permitted.
bElectronic message signs located on-premises may be allowed in Sign Districts A, B, C and D subject to compliance with the criteria in Subsection (c)(1) through (7) of this section. Electronic Message signs located on-premises may be allowed in Sign District E only if the sign is oriented to traffic on the adjoining street and is located at least 500 feet from a residential principal building as measured perpendicular to each sign face along the adjoining street.
cAll on-premises electronic message signs shall be subject to the following review criteria:
1Such signs shall comprise no more than 30 percent of the face of the ground sign area.
2No sign shall interfere with the visibility of any traffic signal.
3No such sign shall be illuminated to a degree or brightness that is greater than necessary for adequate visibility. Signs found to be too bright shall be adjusted in accordance with the instructions of the City.
4No such signs shall be higher than ten feet above the curb elevation in Sign District E, no higher than 20 feet above the curb elevation in Sign District C or D, no higher than 25 feet above the curb elevation in Sign District B and no higher than 40 feet above the curb elevation in Sign District A.
5Routine messages and graphics shall not repeat in intervals of less than four seconds.
6No traveling message signs shall be permitted.
7No such sign located in Sign District E, or located in any Sign District where the sign is visible within 500 feet of a residential principal building shall operate between the hours of 10:00 p.m. and 6:00 a.m.
dElectronic message signs located within 50 feet of a traffic control signal as measured perpendicular to each sign face along the adjoining street shall display messages or graphics in white color only.
eTime and temperature signs are allowed in all sign districts subject to compliance with the criteria listed in Subsection (c)(1) through (5) of this section.
fIlluminated price or rate panels for hotel/motel and motor fuel which change no more than once daily are allowed in all sign districts subject to compliance with the criteria in Subsection (c)(1) through (3) of this section.
gRotating signs shall be limited to a maximum of eight revolutions per minute and shall not flash or have traveling bulb effects.
hMultiple message signs or tri-vision signs whose message are on triangular louvered facings and are changed by electronic rotation of the louvers are permitted for off-premises signs, provided that the time the message remains in a fixed position shall be six seconds or more.
iOn-premises electronic message signs may be allowed to vary from the standards provided in this section upon the review and approval of a conditional sign permit by the Plan Commission as provided in Section 28-338. The Plan Commission, in its review, must find that the character of the sign is compatible with the general area, and that limited visual impact will occur to nearby residential areas prior to approving such signs.
(Code 1976, § 14.20.120) :::
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Secs. 28-149---28-179. Reserved.
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ARTICLE VI. SPECIFIC REGULATIONS
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Sec. 28-180. Attention-getting devices; prohibition; exceptions.
aAttention-getting devices are not permitted except as provided in this article.
bAn attention-getting device is permitted upon each parcel not more than once within each calendar year, for not more than seven consecutive days, and only upon issuance of an attention-getting device permit.
cApplication for an attention-getting device permit shall be made to the Building Division.
dThe fee for an attention-getting device permit shall be in an amount as established by the City Council from time to time.
eAttention-getting devices for which a permit is required and for which a permit has been issued are exempt from the requirements of Articles III and IV of this chapter.
(Code 1976, § 14.24.010; Ord. No. 87-500, § 2, 1987; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-181. Awnings.
Signs on awnings are permitted for all activities in all nonresidential areas. Awnings may extend to within one foot of the vertical lane straight up from the curbs. Awnings shall have a clearance of at least seven feet between the bottom of the awning and the ground beneath. No more than 25 percent of the awning may be covered by signs. Awnings are exempt from the requirements of Articles III, IV and VII of this chapter.
(Code 1976, § 14.24.020; Ord. No. 84-73, § 1(part), amend. 1, § 3, 1984) :::
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Sec. 28-182. Banners.
aBanners may be displayed only in a manner commensurate with the regulations set forth in this article.
bOnly one banner may be displayed by each business at any time and shall be no greater than 32 square feet in area.
cNo banner may be displayed unless the commercial message contained therein relates to a specific, special promotion of limited duration.
dThe banner shall be completely attached to the building.
eNo banner may be displayed or used as a general or ongoing advertisement of the business or its customary activities.
fNo banner may be displayed or used as a replacement for permanent signage.
g(1) The Building Official shall have the authority to order the removal of any banner:
a. Displayed or used contrary to any provision of this article;
b. Which is or which appears to be out-of-date;
c. Which is or which appears to be deteriorated, or which is or which appears to be in such a state of disrepair, wear, or neglect so as to detract from the aesthetic tranquility or beauty of the parcel or surrounding parcels;
d. Which is or which appears to be abandoned;
e. Which has been displayed for more than 30 consecutive days.
2a. The owner or possessor of any banner ordered removed by the Building Official may appeal such order to the Zoning Board of Appeals not later than ten days after service of the order.
b. Such appeal shall be in writing, accompanied by the appropriate fee, and filed with the City Clerk-Treasurer.
c. The Zoning Board of Appeals shall consider and shall decide upon such appeal not later than at the Board's next regularly scheduled meeting.
(Code 1976, § 14.24.030; Ord. No. 87-500, § 4, 1987) :::
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Sec. 28-183. Building signs.
Building signs are exempt from all provisions of this chapter except general regulations, provided such signs are no larger than four square feet in area.
(Code 1976, § 14.24.040; Ord. No. 84-373, § 1(part), 1984; Ord. No. 87-500, § 3(part), 1987) :::
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Sec. 28-184. Construction signs.
Construction signs are exempt, from all provisions of this chapter except general regulations, provided no more than one construction sign or street frontage may be placed on the site and only during the period the construction takes place.
(Code 1976, § 14.24.050; Ord. No. 84-373, § 1(part), 1984; Ord. No. 87-500, § 3(part), 1987) :::
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Sec. 28-185. Directional signs.
Directional signs are exempt from all provisions of this chapter except general regulations, provided such signs are no larger than 16 square feet in area and carry no commercial message other than the name of the business. Directional signs are permitted on any parcel in addition to all other signs allowed on such parcel; however, no more than one directional sign is allowed for each 30 feet of street frontage.
(Code 1976, § 14.24.060; Ord. No. 84-373, § 1(part), 1984; Ord. No. 87-500, § 3(part), 1987) :::
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Sec. 28-186. Instructional signs.
Instructional signs are exempt from all provisions of this chapter except general regulations, provided such signs are no larger than 16 square feet in area.
(Code 1976, § 14.24.070; Ord. No. 84-373, § 1(part), 1984; Ord. No. 87-500, § 3(part), 1987) :::
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Sec. 28-187. Lettering less than three inches in height.
Signs which contain lettering less than three inches in height are exempt from all provisions of this chapter except general regulations.
(Code 1976, § 14.24.080; Ord. No. 84-373, § 1(part), 1984; Ord. No. 87-500, § 3(part), 1987) :::
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Sec. 28-188. Mobile signs.
Mobile signs are not permitted except as follows:
1A temporary mobile sign not to exceed 72 square feet may be allowed as a substitute interim sign for a period of 90 days when no other sign is on the parcel. The Building Inspector may extend the time allowed for a substitute interim sign for one additional 30-day period if there is good cause shown. A permit must be obtained for such sign and a fee must be paid prior to use of the sign.
2One temporary mobile sign, per parcel, not to exceed 72 square feet may be allowed for promotional purposes for a period not exceeding 30 consecutive days once in any calendar year. A permit must be obtained for such sign and a fee must be paid prior to use of the sign.
3Any motor vehicle used on a regular basis for a bona fide business purpose other than advertising is not deemed a mobile sign and is exempt from all provisions of this chapter.
4In addition to the temporary mobile sign permitted in Subsection (2) of this section, an additional temporary mobile sign may be allowed for each change of occupancy on the parcel. Said sign shall not exceed 72 square feet and may be allowed for a period not to exceed 30 consecutive days within the first three months that the new occupant is open for business. However, at no time shall more than one temporary mobile sign be permitted on the parcel. A permit must be obtained for such said sign and a fee must be paid prior to the use of the sign.
5The fees described in this section shall be in amounts as established by the City Council from time to time.
(Code 1976, § 14.24.090) :::
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Sec. 28-189. Off-premises signs.
aOff-premises directional signs, which are not exempt under Section 28-184 (construction signs), shall comply with the provisions for on-premises ground signs in Section 28-227 and shall be limited to one per parcel.
bOff-premises signs shall only be located on parcels that have frontage directly on the following streets or street segments (share the right-of-way line as a common property line). Said signs shall only be located along the parcel's frontage of the listed street. Said signs must be located within 100 feet of the adjoining right-of-way line of said listed street. The message portion of said signs shall be predominately perpendicular to the listed street that it fronts.
1Milton Avenue (STH 26) from Black Bridge Road north to Lexus Lane.
2Humes Road (USH 14) from Deerfield Drive west to Newville Road.
3Interstate 90 from Humes Road (USH 14) northwest to the City limits.
4Interstate 90 from Palmer Drive south to the City limits.
5Racine Street (STH 11) from I-90 east to USH 14.
6Delavan Drive from Main Street east to South Wright Road.
7Center Avenue (USH 51) from Joliet Street south to the City limits.
8Beloit Avenue from Conde Street south to the City limits.
9Avalon Road (STH 351/11) from Oakhill Avenue east to Interstate 90.
10South Jackson Street from Delavan Drive south to Elliott Street.
11West Court Street from Arch Street west to Crosby Avenue.
cIn addition to all other limitations specified in this chapter, off-premises ground signs that do not meet the definition of electronic message signs may be displayed only if they comply with the following regulations:
1Off-premises signs may only be located on land zoned for business or industrial purposes.
2All off-premises signs shall be spaced not less than 750 feet from any other off-premises sign; such distances shall be measured along the same side of the street abutting the sign parcel.
a. The Plan Commission shall have the authority to vary the above spacing through the conditional sign permit process outlined in Section 28-338 to not less than 375 feet in order to allow the construction of a new off-premises sign. The Plan Commission, in its review, shall consider the following:
1. The relationship of the proposed off-premises sign location to other off-premises signs, on-premises signs, existing manmade and natural features and residential and agriculture zoned properties.
2. The impact of the proposed off-premises sign on existing residences in the surrounding area regardless of the zoning of the parcel on which said residences are located.
3. The impact of the proposed off-premises sign on the development or redevelopment of the parcel on which it is proposed to be located.
3All off-premises signs shall be spaced not less than 600 feet from any land zoned residence or agriculture. Such spacing distance shall be measured along both sides of abutting streets except that the Plan Commission may, by issuing a conditional sign permit following the process outlined in Section 28-338, reduce the 600-foot spacing from residence and agriculture zone districts to 300 feet for only said districts on the opposite side of the street from the proposed sign. The Plan Commission, in its review, shall consider the criteria outlined in Subsection (c)(2)a of this section.
4If any portion of the sign parcel adjoins any parcel zoned residence or agriculture district and if the specific location of the sign on said sign parcel is within 600 feet of the boundary with said residence or agriculture district, then in addition to satisfying the spacing prescribed in Subsections (c)(2) and (3) and (c)(9) of this section, the sign shall not be permitted unless the Plan Commission determines it appropriate by issuing a Conditional Sign Permit following the process outlined in Section 28-338. The Plan Commission, in its review, shall consider the criteria outlined in Subsection (c)(2)a of this section.
5All off-premises signs shall be spaced not less than 600 feet from the ordinary high water mark of the Rock River.
6All off-premises signs are prohibited within the downtown as defined by the area included within Sign District D and its overlap with Sign District B.
7The maximum surface area for an off-premises sign, including the frame or trim, shall be 300 square feet for each single face, not to exceed a total of 600 square feet if there is more than one face. For off-premises signs located along Interstate 90, the maximum surface area for an off-premises sign, including the frame or trim, shall be 600 square feet for each single face, not to exceed a total of 1,200 square feet if there is more than one face.
8No off-premises sign shall extend above a total height of 30 feet above grade.
9All off-premises advertising signs shall comply with all yard and setback requirements of Chapter 42, and in no case shall a setback be less than 25 feet from any street line. All distances shall be measured from the property line to the outermost physical extension of the sign, sign structure and any component parts.
10Tri-vision signs whose messages are on triangular louvered facings and are changed by electronic rotation of the louvers are permitted for off-premises signs provided that the time the message remains in a fixed position shall be ten seconds or more. Tri-vision signs shall not be subject to the limitations of off-premises signs that meet the definition of an electronic message sign.
dIn addition to all other limitations specified in this chapter, off-premises ground signs that meet the definition of electronic message signs may be constructed, reconstructed and displayed only upon the review and approval of a conditional sign permit application by the Plan Commission as provided in Section 28-338. The Plan Commission, in its review, shall consider the following:
1Off-premises electronic message signs may only be located on land zoned for business or industrial purposes.
2All off-premises signs meeting the definition of electronic message signs shall be spaced not less than 750 feet from any other off-premises signs.
3All off-premises electronic message signs shall be spaced not less than 1,200 feet from display face from any land zoned residence or agriculture or 600 feet if the sign face is not visible from a residence or agriculture district. Such spacing distance shall be measured along both sides of abutting, adjacent or intersecting streets, except that the Plan Commission may, by issuing a Conditional Sign Permit following the process outlined in Section 28-338, reduce the 1,200-foot spacing from residence and agriculture zone districts to 600 feet for only said districts on the opposite side of the street from the proposed sign. The Plan Commission, in its review, shall consider the following criteria:
a. The relationship of the proposed off-premises electronic message sign location to other off-premises signs, on-premises signs, electronic message signs, existing manmade and natural features and residential and agriculture zoned properties.
b. The impact of the proposed off-premises electronic message sign on existing residences in the surrounding area regardless of the zoning of the parcel on which said residences are located.
c. The impact of the proposed off-premises electronic message sign on the development or redevelopment of the parcel on which it is proposed to be located.
d. If an existing off-premises sign is to be converted to an off-premises electronic message sign.
4If any portion of the sign parcel adjoins any parcel zoned residence or agriculture district and if the specific location of the sign on said sign parcel is within 1,200 feet of the boundary with said residence or agriculture district, then in addition to satisfying the spacing prescribed in Subsection (d)(2) of this section and the following Subsection (d)(9) of this section, the sign shall not be permitted unless the Plan Commission determines it appropriate by issuing a conditional sign permit following the process outlined in Section 28-338. The Plan Commission, in its review, shall consider the criteria outlined in Subsection (d)(3)a through d of this section.
5All off-premises electronic message signs shall be spaced not less than 600 feet from the ordinary high water mark of the Rock River.
6All off-premises electronic message signs are prohibited within the downtown as defined by the area included within Sign District D and its overlap with Sign District B.
7The maximum surface area for an off-premises electronic message sign, including the frame or trim, shall be 300 square feet for each single face, not to exceed a total of 600 square feet if there is more than one face.
8No off-premises electronic message sign shall extend above a total height of 30 feet above grade.
9All off-premises electronic message signs shall comply with all yard and setback requirements of Chapter 42, and in no case shall a setback be less than 25 feet from any street line. All distances shall be measured from the property line to the outermost physical extension of the sign, sign structure and any component parts.
10No electronic message sign may be installed on or as a replacement for a nonconforming off-premises sign.
11All off-premises electronic message signs at all times shall comply with the following operational standards:
a. No sign shall interfere with the visibility or the operation of any traffic control device.
b. No sign shall include a graphic and/or depiction that does or could resemble or be mistaken for a traffic control device, signal or sign.
c. No such sign shall be illuminated to a degree or brightness that is greater than necessary for adequate visibility in the opinion of the Chief of Police or Building Official. Signs found to be too bright shall be adjusted in accordance with the instructions of the City.
d. No message shall change in intervals of less than eight seconds.
e. No moving graphics of any type shall be utilized at any time.
(Code 1976, § 14.24.095) :::
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Sec. 28-190. Political signs.
Political signs are exempt from all provisions of this chapter except general regulations.
(Code 1976, § 14.24.100) :::
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Sec. 28-191. Public signs.
Signs of a noncommercial nature and in the public interest, erected by, permitted by or on the order of a governmental unit, or required by governmental statute, ordinance or regulation, such as safety signs, danger signs, no trespassing signs, memorial plaques, signs welcoming people to the City, signs identifying parks, signs of historical interest and other similar signs are exempt from all provisions of this chapter.
(Code 1976, § 14.24.110; Ord. No. 84-373, § 1(part), 1984; Ord. No. 87-500, § 3(part), 1987) :::
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Sec. 28-192. Real estate signs.
Real estate signs advertising the sale, rental or lease of premises or part of the premises on which the signs are displayed are exempt from all provisions of this chapter except general regulations, provided the copy portion of such signs is not over four feet in height and 16 square feet in area.
(Code 1976, § 14.24.120; Ord. No. 84-373, § 1(part), 1984; Ord. No. 87-500, § 3(part), 1987) :::
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Sec. 28-193. Residential name plates.
Name plates, not exceeding one square foot in area and which indicate only the name and address of the occupant in a residential area are exempt from all provisions of this chapter.
(Code 1976, § 14.24.130; Ord. No. 84-373, § 1(part), 1984; Ord. No. 87-500, § 3(part), 1987) :::
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Sec. 28-194. Sandwich board sign.
Sandwich board signs are regulated exclusively by this section. Sandwich board signs must comply with each of the following requirements and conditions:
1Require a sign permit. The annual permit fee must be paid in full to the Building Division prior to the use of the sign. This fee shall not be prorated. The fee shall be in an amount as established by the City Council from time to time.
2Is permitted on the public pedestrian right-of-way (or public sidewalk) immediately in front of the business occupancy to which it refers, and only in Sign District D only (Downtown). Such signs located in all other sign districts shall be placed solely on private property in accordance with Section 28-139.
3Must not obstruct or impede, or permit the obstruction or impeding, of use of the pedestrian right-of-way on any public sidewalk. For purposes of this article, the term "pedestrian right-of-way" means an unobstructed area of a minimum of five contiguous feet in width measured in a straight line at right angles from the building and running the length of the property line.
4Must be removed each day at the close of business until the normal opening of the business the next day, but in no event later than 11:00 p.m. or before 6:00 a.m., respectively, each day.
5Must not exceed eight square feet in the sign area per sign face, or a total of 16 square feet for two sign faces.
6Must not exceed four feet in height.
7Must not exceed one in number per business establishment.
8Must be set back a minimum of two feet from the curb.
9Will not be counted in calculating the total allowable sign area on the sign owner's premises.
10Must not be an off-premises sign.
11Must be freestanding, contain two sign faces, and be hinged together at all times.
12A sandwich board sign does not include other portable signs.
13A sandwich board sign must exclusively refer to a business, person, activity, product, service, or price located on the premises immediately adjacent to the public sidewalk or private property where the sign is located or used.
14Upon a public sidewalk, use is permitted only upon that portion of the sidewalk immediately adjacent to the referred-to business property.
(Code 1976, § 14.24.135; Ord. No. 2018-724, § II, 6-25-2018) :::
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Sec. 28-195. Signs on seasonal roadside stands.
Signs used in conjunction with seasonal sales from legal roadside stands are exempt from all provisions of this chapter except general regulations, provided the total area of all signs is no greater than 16 square feet.
(Code 1976, § 14.24.140; Ord. No. 84-373, § 1(part), 1984; Ord. No. 87-500, § 3(part), 1987) :::
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Sec. 28-196. Subdivision signs.
Subdivision signs are exempt from the provisions of Articles III and IV of this chapter and are permitted where use of the land is residential provided the following conditions are met:
1A subdivision sign shall be a ground sign;
2The maximum height of a subdivision sign shall be five feet above grade;
3The maximum area of a subdivision sign shall be 32 feet per face; and
4A subdivision sign shall be at least 30 feet from any other ground sign.
(Code 1976, § 14.24.150; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-197. Temporary public service signs.
Temporary signs which support an authorized community-wide civic or charitable event or drive, or which extend a message in connection with a holiday period are exempt from all provisions of this chapter except general regulations, provided such signs display the date of installation, are removed within 30 days after installation and carry no commercial advertisement.
(Code 1976, § 14.24.160; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-198. Traffic signs.
Authorized traffic signs, signals or other traffic control devices are exempt from all provisions of this chapter.
(Code 1976, § 14.24.170; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-199. Warning signs.
Signs warning of danger or a hazardous condition are exempt from all provisions of this chapter.
(Code 1976, § 14.24.180; Ord. No. 84-373, § 1(part), amend. 1, § 5(part), 1984) :::
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Sec. 28-200. Window signs.
Signs located on the inside of a window are exempt from all provisions of this chapter except as follows:
1Window signs are not permitted in any area where the use of the land is residential; and
2An electrical permit must be obtained for a window sign if it requires electrical connection other than a plug.
(Code 1976, § 14.24.190; Ord. No. 84-373, § 1(part), amend. 1, § 5(part), 1984) :::
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Secs. 28-201---28-223. Reserved.
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ARTICLE VII. SIGN OVERLAY DISTRICTS
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Sec. 28-224. Generally.
In order to regulate the proper placement of signs, the City is divided into sign overlay districts. Each district has specific regulations to provide for the proper placement, size, height, area and special effects that will be in keeping with the permitted uses as allowed in the underlying zoning districts. The sign overlay districts are designated upon the sign district map made a part of this chapter.
(Code 1976, § 14.28.010; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-225. Special regulations applying to the O3 and B1 Zoning Districts.
In addition to the regulations contained herein, signs proposed within the O3, Neighborhood Office District and the B1, Neighborhood Convenience District are also subject to regulations found within Chapter 18. Said regulations are more restrictive than those found herein and limit the types of signs that may be used within those districts. As such, both the regulations contained herein and those of said Chapter 18 should be consulted for signs proposed within the O3 and B1 Districts.
(Code 1976, § 14.28.015) :::
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Sec. 28-226. District A.
aArea defined. Sign Overlay District A is defined as that area which is within a distance of one-fourth mile of the centerline of I-90, as measured at right angles thereto, plus all the area within a distance of 2,000 feet from the point of intersection of the centerline of I-90, and any intersecting state or federal highway; however, specifically not included in this district is any area within 2,000 feet from the point of intersection of East Milwaukee Street and I-90. This district permits larger off-premises signs as well as on-premises signs that may be seen by persons driving vehicles approaching these areas at a higher rate of speed than found elsewhere in the City.
bSigns allowed.
1In Sign Overlay District A where the use of the land is nonresidential, only the signs designated in Sections 28-227 and 28-228 are permitted.
2In Sign Overlay District A where the use of the land is residential, there shall be no signs allowed other than one name plate, not exceeding one square foot in area, which indicates only the name and address of the occupant.
(Code 1976, § 14.28.020; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-227. District A---On-premises signs permitted.
In Sign Overlay District A, the following on-premises signs are permitted:
1One freestanding ground sign may be permitted for each parcel of land, provided no roof-mounted sign or projecting sign is located on the parcel. Where a parcel has in excess of 300 feet of frontage, one additional ground sign may be erected for each additional 300 feet of street frontage in excess of the first 300 feet of street frontage abutting the developed portion of the parcel.
a. Such ground sign shall not extend above a total height of 40 feet except as provided in Subsection (1)c.3 and 4 of this section.
b. The area of such ground sign shall not exceed 300 square feet for one face or 600 square feet for two or more faces except as provided in Subsection (1)c.3 and 4 of this section.
c. Ground signs up to 70 feet in height and 450 square feet for one face or 900 square feet for two or more faces in area are allowed subject to the following criteria:
1. The property shall be zoned B4.
2. The sign shall have no message center over 40 feet above the curb elevation.
3. No more than one 70-foot ground sign may be permitted for each platted parcel of land or certified survey lot.
4. Signs with area greater than 300 square feet per face and 600 square feet for two or more faces shall only be allowed to identify multiple occupant businesses, which are located on a platted parcel of land or certified survey lot and in consideration of a reduction of the number of permissible ground signs on the lot.
5. The sign shall be located at least 500 feet from any residential zoned district, not including interstate right-of-way zoned residential, and with said measurement to include any unbuildable buffer zone, Conservancy District or perpetual landscape easement used, reserved or designated as such, unless a conditional sign permit is issued by the Plan Commission granting a lesser spacing as provided in Subsection (1)c.4 of this section.
d. The Plan Commission may allow, through review and approval of a conditional sign permit as provided in Section 28-338 the following:
1. Ground signs up to 70 feet in height and 450 square feet per face or 900 square feet for two or more faces in area to identify a single occupant business outside of the 500-foot spacing requirement as provided in Subsection (1)c.5 of this section.
2. Ground signs up to 70 feet in height and 600 square feet per face or 1,200 square feet for two or more faces in area to identify multiple occupant businesses located on a platted parcel of land or certified survey lot outside of the 500-foot spacing requirement as provided in Subsection (1)c.5 of this section.
3. A reduction of the 500-foot spacing requirement from a residential zoned district as provided in Subsection (1)c.5 of this section to allow ground signs up to 70 feet in height and 450 square feet per face or 900 square feet for two or more faces in area.
e. The Plan Commission, in its review of a conditional sign permit, shall consider the following:
1. The criteria listed in Subsection (1)c.1---4 of this section.
2. The sign will have limited visual impact on the residential area due to its placement, orientation or configuration.
3. A reduction of the number of permissible ground signs on the lot if more than one ground sign is permitted on such lot under this chapter.
2One projecting sign per business occupancy, not to exceed 60 square feet in area per face, may be permitted, provided no ground sign or roof-mounted sign is located on the parcel. Such projecting sign shall not extend above the roof line.
3One roof sign may be permitted per parcel, provided there is no ground sign or projecting sign located on the parcel. Area and height of such roof sign shall follow the same restrictions as for ground signs.
4One under-canopy sign per business occupancy may be permitted, provided such sign shall not exceed ten square feet in area and shall have a clearance of nine feet between the bottom of the sign and the ground beneath it. Under-canopy signs may only be placed above pedestrian walks.
5One wall sign may be permitted for each street frontage or each separate business occupancy, provided that such signs comply with the following regulations:
a. The maximum area of all wall signs shall not exceed the total area of the front face of the building, or that portion of a building devoted to a business occupancy, divided by ten.
b. Such sign shall not extend above the roof line.
c. No wall sign shall be positioned on the building elevation facing a non-street rear lot line of the parcel upon which the building is located.
d. No wall sign shall be positioned on a building elevation directly adjoining a residential zone district.
(Code 1976, § 14.28.030) :::
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Sec. 28-228. District A---Off-premises signs permitted.
In Sign Overlay District A, off-premises signs are permitted in accord with the provisions of Section 28-189.
(Code 1976, § 14.28.040) :::
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Sec. 28-229. District B.
aArea defined. Sign Overlay District B includes all areas along federal and state highways within 660 feet from the centerline of such highways, except areas in District A. Specifically, they are USH 51 along Center Avenue, Centerway and North Parker Drive, STH 26 along Centerway and Milton Avenue, STH 11 along West Court Street, Jackson Street, East and West Racine Street and Center Avenue.
bSigns allowed.
1In Sign Overlay District B where the use of the land is nonresidential, only the signs designated in Sections 28-230 and 28-231 are permitted.
2In Sign Overlay District B where use of the land is residential, there shall be no signs allowed other than one name plate, not exceeding one square foot in area, which indicates only the name and address of the occupant.
(Code 1976, § 14.28.050; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-230. District B---On-premises signs permitted.
In Sign Overlay District B, the following on-premises signs are permitted:
1One freestanding ground sign may be permitted for each parcel of land, provided no roof sign or projecting sign is located on the parcel. Where a parcel has in excess of 300 feet of frontage, one additional ground sign may be erected for each additional 300 feet of street frontage in excess of the first 300 feet of street frontage abutting the developed portion of the parcel.
a. The maximum area of the ground sign is determined by the setback from the centerline of the street to the closest part of the sign as set out below:
Maximum Area of Sign (in square feet) Setback from Centerline of Street (in feet) 150 0---80 151 plus one additional square foot in area for every one-foot setback beyond 81 feet up to a maximum area of 225 square feet 81---155
b. The maximum height of ground signs is determined by the setback from the centerline of the street to the closest part of the sign, as set out below:
Maximum Height of Sign (in square feet) Setback from Centerline of Street (in feet) 25 0---80 25 plus one additional foot for every 5 feet of setback beyond 80 feet up to a maximum height of 40 feet 81---155
2One projecting sign may be allowed per business, provided no ground sign is located on the parcel. The maximum area of projecting signs shall be based upon the number of stories of the building to which it is attached, as set out below:
Maximum Area of Sign (in square feet) Number of Stories 50 1 and 2 Plus 25 square feet for each story additional story above the second up to 150 square feet 3 or more
3One under-canopy sign per business occupancy may be permitted, provided such sign shall not exceed ten square feet in area, and shall have a clearance of nine feet between the bottom of the sign and the ground beneath it. Under-canopy signs may only be placed above pedestrian walks.
4One wall sign is permitted for each street frontage, or each separate business occupancy, provided that such signs comply with the following regulations:
a. The maximum area of all wall signs shall not exceed the total area of the front face of the building, or that portion of a building devoted to a business occupancy, divided by ten.
b. Such sign shall not extend above the roof line.
c. No wall sign shall be positioned on the building elevation facing a non-street rear lot line of the parcel upon which the building is located.
d. No wall sign shall be positioned on a building elevation directly adjoining a residential zone district.
(Code 1976, § 14.28.060) :::
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Sec. 28-231. District B---Off-premises signs permitted.
In Sign Overlay District B, off-premises signs are permitted in accord with the provisions of Section 28-189.
(Code 1976, § 14.28.070) :::
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Sec. 28-232. District C.
aArea defined. Sign Overlay District C includes lands zoned for office, business and industry not covered by the A, B or D districts.
bSigns allowed.
1In Sign Overlay District C where the use of the land is nonresidential, only the signs designated in Sections 28-233 and 28-234 are permitted.
2In Sign Overlay District C where the use of the land is residential, there shall be no signs allowed other than one name plate, not exceeding one square foot in area, which indicates only the name and address of the occupant.
(Code 1976, § 14.28.080; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-233. District C---On-premises signs permitted.
The following on-premises signs are permitted in sign overlay district C:
1One freestanding ground sign may be permitted for each parcel of land, provided no roof-mounted sign or projecting sign is located on the parcel. Where a parcel has in excess of 300 feet of frontage, one additional ground sign may be erected for each additional 300 feet of street frontage in excess of the first 300 feet of street frontage abutting the developed portion of the parcel.
a. The maximum area of the ground sign is determined by the setback from the centerline of the street to the closest part of the sign, as set out below:
Maximum Area of Sign (in square feet) Setback from Centerline of Street (in feet) 75 0---50 76 plus one additional square foot in area for every foot of setback beyond five feet up to a maximum area of 125 square feet 51---100
b. The maximum height of ground signs is determined by the setback from the centerline of the street to the closest part of the sign, as set out below:
Maximum Height of Sign (in feet) Setback from Centerline of Street (in feet) 20 0---50 Plus one additional foot for every five feet of setback beyond 50 feet up to a maximum of 30 feet 5---100
2One projecting sign may be allowed per business, provided no ground sign is located on the same parcel. Projecting signs shall be placed a minimum of 30 feet from one another, and shall contain a surface area of no more than 50 square feet per face.
3One under-canopy sign per business occupancy may be permitted, provided such sign shall not exceed ten square feet in area, and has a clearance of nine feet between the bottom of the sign and the ground beneath it. Under-canopy signs may only be placed above pedestrian walks.
4One wall sign may be permitted for each street frontage, or each separate business occupancy provided that such signs comply with the following regulations:
a. The maximum area of all wall signs shall not exceed an area equal to three square feet for each linear front foot of the building or that portion of a building devoted to a business occupancy.
b. Such signs shall not extend above the roof line.
c. No wall sign shall be positioned on the building elevation facing a non-street rear lot line of the parcel upon which the building is located.
d. No wall sign shall be positioned on a building elevation directly adjoining a residential zone district.
(Code 1976, § 14.28.090) :::
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Sec. 28-234. District C---Off-premises signs permitted.
In Sign Overlay District C, off-premises signs are permitted in accord with the provisions of Section 28-189.
(Code 1976, § 14.28.100) :::
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Sec. 28-235. District D.
aArea defined. Sign Overlay District D encompasses the center City, as defined in Section 28-26, and includes any area designated as unique by the City Council.
bSigns allowed.
1In Sign Overlay District D where the use of the land is nonresidential, only the signs designated in Sections 28-236 and 28-237 are permitted.
2In Sign Overlay District D where use of the land is residential, there shall be no signs allowed other than one name plate, not exceeding one square foot in area, which indicates only the name and address of the occupant.
(Code 1976, § 14.28.110; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-236. District D---On-premises signs permitted.
In Sign Overlay District D, the following on-premises signs are permitted:
1One freestanding ground sign may be permitted for each parcel of land, provided sufficient setback from the street right-of-way is provided so as not to cause encroachment into the right-of-way.
a. Such ground sign shall not extend above a total height of 20 feet above grade.
b. The maximum area of any ground sign shall not exceed 75 square feet per face.
2One under-canopy sign per business occupancy may be permitted, provided each sign shall not exceed ten square feet in area and shall have a clearance of nine feet between the bottom of the sign and the ground beneath it. Under-canopy signs may only be placed above pedestrian walks.
3One wall sign may be permitted for each street frontage or each separate business occupancy. For the purposes of this article, the downtown parking plaza and the riverfront public walkway between Centerway and West Racine Street shall be considered a street frontage. Such signs comply with the following regulations:
a. The maximum area of all wall signs shall not exceed an area equal to 2½ square feet for each linear front foot of building or that portion of a building devoted to a business occupancy.
b. Such signs shall not extend above the roof line.
c. No wall sign shall be positioned on the building elevation facing a non-street rear lot line of the parcel upon which the building is located, except where such building adjoins the downtown parking plaza or the riverfront public walkway between Centerway and West Racine Street.
d. No wall sign shall be positioned on a building elevation directly adjoining a residential zone district.
4One projecting sign may be permitted for each parcel or for each 30 feet of street frontage. Multiple projecting signs on one parcel shall be spaced a minimum of 30 feet apart, measured horizontally.
a. Such signs shall not extend more than four feet perpendicular from the building or one-half the width of the sidewalk from the property line to the face of the curb, whichever is less.
b. Signs shall not extend above the roof line.
c. Projecting signs shall not exceed 12 square feet per face.
d. Signs should be pinned away from the wall at least six inches, but no more than 12 inches.
e. Projecting signs shall only contain the business name or services provided. Advertising of specific brands is prohibited.
f. Such signs shall not be changeable message boards or letter boards, unless the sign is for the purpose of a theater marquee.
g. Projecting signs shall be exterior lit. Interior lit signs and signs utilizing neon lighting are prohibited. All blinking and flashing signs are prohibited. Spot lighting, used to illuminate the sign, must be attached to the building.
h. The bottom of the sign must be a minimum of ten feet above the top of the adjoining street curb.
i. Only those properties listed on the National Register of Historic Places or located in a locally designated Historic Overlay District will be permitted to erect projecting signs.
j. All projecting signs will be reviewed by the City's Historic Commission, in accordance with Section 42-445(b)(2); and such signs are to be consistent or historically sensitive to the building design.
(Code 1976, § 14.28.120) :::
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Sec. 28-237. District D---Off-premises signs.
Off-premises signs are prohibited in District D and that portion of District B that overlaps with District D as outlined in Section 28-189.
(Code 1976, § 14.28.130) :::
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Sec. 28-238. District E.
aArea defined. Sign Overlay District E includes all areas not included in districts A, B, C or D.
bSigns allowed.
1In Sign Overlay District E where the use of the land is nonresidential, only the on-premises signs designated in Section 28-239 are permitted. No off-premises signs are permitted.
2In Sign Overlay District E where the use of the land is residential, the following signs shall be allowed: one name plate, not exceeding one square foot in area, that indicates only the name and address of the occupant. In addition, one attention-getting device may be posted on each parcel when that property is enrolled as a participant in a community-wide event (such as a tour of homes) and at the discretion of the Building Official. Said device shall not exceed ten feet in height with maximum area of no more than two feet horizontal and ten feet vertical and may be posted on the property for a period not to exceed 14 consecutive days during a calendar year. This use of temporary signage is exempt from the requirements set forth in Section 28-180(b), (c) and (d). A list of sign rules shall be provided to the permit applicant.
(Code 1976, § 14.28.140; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-239. District E---On-premises signs permitted.
In Sign Overlay District E, the following on-premises signs are permitted:
1One freestanding ground sign may be permitted for each parcel of land, provided setback requirements of the zoning code are met and provided no wall sign, roof sign or projecting sign is located on the parcel.
a. Such ground sign shall not extend above a total height of ten feet above grade.
b. The maximum area of any ground sign shall not exceed 20 square feet per face.
c. Such ground sign must be at least 30 feet from any other ground sign.
2One wall sign is permitted for each street frontage or each separate business occupancy, provided no ground sign, roof sign or projecting sign is located on the parcel, and provided that such signs comply with the following regulations:
a. Maximum area of any wall sign shall not exceed 20 square feet.
b. The maximum area of all wall signs shall not exceed an area equal to 2½ square feet for each linear front foot of the building.
c. Such wall sign shall not extend above the roof line of the building on which it is located.
d. No wall sign shall be positioned on the building elevation facing a non-street rear lot line of the parcel upon which the building is located.
e. No wall sign shall be positioned on a building elevation directly adjoining a residential zone district.
(Code 1976, § 14.28.150) :::
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Secs. 28-240---28-256. Reserved.
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ARTICLE VIII. AREAS OF SPECIAL CONTROL
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Sec. 28-257. Designation; map.
aIt is recognized that the regulations provided in this article may not sensitively handle all of the sign situations in an area as diverse as that covered by the City. Therefore, the City Council, by ordinance, and following notice and hearing, may designate any of the following areas as areas of special control:
1Architectural, historic or scenic areas;
2Integrated centers over eight acres in area.
bThe City Plan Commission shall prepare a map showing all areas of special control which have been designated by the City Council.
(Code 1976, § 14.32.010; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-258. Architectural, historic or scenic areas.
An architectural, historic or scenic area is an area whose special and unique visual characteristics or whose natural beauty requires special sign regulations to ensure that all signs used within the area are compatible with that area and with each other.
(Code 1976, § 14.32.020; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-259. Integrated centers.
Integrated centers are intensive business areas over eight acres in area whose character indicates that signs should be permitted under regulations which are less restrictive than those which would otherwise be applicable under this article.
(Code 1976, § 14.32.030; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-260. Establishment of special regulations.
In areas of special control, the City Council, by ordinance, may establish special regulations for signs either more or less restrictive than this article.
(Code 1976, § 14.32.040; Ord. No. 84-373, § 1(part), 1984) :::
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Secs. 28-261---28-283. Reserved.
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ARTICLE IX. NONCONFORMING SIGNS
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Sec. 28-284. Nonconforming signs.
aAny sign, existing on the date the ordinance codified in this article became effective or on the date when any amendment of this article became or shall become effective, which is in violation of any provision of this chapter or any amendment thereto, is a nonconforming sign.
bNonconforming signs which are structurally altered, relocated or replaced shall comply immediately with all provisions of this Code. For purposes of this section, the term "structural alteration" means the replacement or modification of a substantial portion of the framing or supports of a sign or modification of the size or height of the sign.
cNonconforming signs shall be removed when the principal structure located on the premises undergoes a change of use. For purposes of this section, the term "change of use" means any use which is different from the previous use of the building or land. All signs advertising the new use shall be brought into compliance with this Code or removed within 90 days.
(Code 1976, § 14.36.010) :::
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Sec. 28-285. Exemptions.
The requirement in Section 28-284 for compliance or removal of a nonconforming sign upon the change of use or destruction or damage resulting from an act of God shall not apply to the following:
1A sign which varies from the height, area, projection, or setback limitations in an amount of not more than 20 percent of the allowable dimension;
2A sign which is nonconforming solely as a result of its distance from another sign. This exemption does not apply to off-premises advertising signs that do not meet the spacing requirements from any residence or agriculture zoned district. It does apply to off-premises signs which do not meet the spacing distance from other off-premises signs.
(Code 1976, § 14.36.020) :::
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Sec. 28-286. Replacement and relocation of nonconforming off-premises signs.
aThe following regulations shall govern the replacement or relocation of nonconforming off-premises signs that have been or will be removed. The intent of these provisions is to allow for the potential to reconstruct nonconforming off-premises signs in their current location or the potential to relocate such signs where they might otherwise be prohibited.
bThe Plan Commission may, through the issuance of a conditional sign permit following the process outlined in Section 28-338, allow a nonconforming sign that has been or will be removed to be replaced in its current location or relocated to a new location. The Plan Commission, in its review, shall consider the following:
1The relationship of the proposed off-premises sign location to other off-premises signs, on-premises signs, existing manmade and natural features and residential and agriculture zoned properties.
2The impact of the proposed off-premises sign on existing or planned residences, the Downtown as defined by Sign Overlay District D, and the Rock River.
3The impact of the proposed off-premises sign on the development or redevelopment of the parcel on which it will be located.
4The Plan Commission may modify the standards of Section 28-189 to allow the replacement or relocation of a nonconforming sign that has been or will be removed.
(Code 1976, § 14.36.030) :::
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Secs. 28-287---28-305. Reserved.
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ARTICLE X. MAINTENANCE AND REMOVAL
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Sec. 28-306. Maintenance required.
aAll signs and sign structures now existing, or to be constructed, shall be properly maintained and kept in a safe, neat and proper state of maintenance and appearance.
bMaintenance shall include the following and similar activities:
1Replacing copy on signs or marquees designed for use of replaceable copy;
2Replacing or changing the advertising copy on a sign or billboard designed for such replacement without structural changes;
3Replacing or repairing framework or supports of a sign, as needed to protect the public safety; however, the replacement of a substantial portion of the framing or supports is not maintenance but is deemed to be a new sign, and such new sign must conform to all provisions of this article;
4Painting or repainting signs, sign copy or sign supports; an existing sign painted directly on any wall or building may be repainted to occupy the same or a smaller area;
5Cleaning, pasting, straightening and other normal maintenance functions.
(Code 1976, § 14.40.010; Ord. No. 84-373, § 1(part), amend. 2, § 6, amend. 3 § 1, 1984) :::
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Sec. 28-307. Removal required.
aAll signs which no longer serve the purpose for which they were intended, or which are not maintained, or which have been abandoned, or which are unsafe shall be removed by the sign owner or by the owner or occupant of the property upon which the sign is located. Such removal shall be completed within three months of the date of disrepair or abandonment.
bPermanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of at least six months. Such signs shall be removed immediately after the six-month period of abandonment.
(Code 1976, § 14.40.020; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-308. Repair or removal ordered.
aIf the condition of the sign is such as to present an immediate threat to the safety and welfare of the public, the Building Official shall have the authority to order any repairs, extra supports or other precautions necessary to protect the public. The Building Official shall also have the authority to order the removal of such sign.
bSuch order shall be personally served on the owner of the sign or on the owner or occupant of the property on which the sign is located.
cFailure to comply with the Building Official's order within ten days after service shall cause the sign permit to be revoked, and any such dangerous sign shall be removed immediately by the owner of the sign or by the owner or occupant of the property on which the sign is located.
dIn any case where the sign is not repaired or removed within ten days as ordered by the Building Official, the Building Official shall have such dangerous sign removed, and the expense thereof shall be recovered from the sign owner, failing which, it shall become a lien on the property and shall be put on the tax roll.
(Code 1976, § 14.40.030; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-309. Maintenance or removal by owner.
An owner of a sign is permitted to maintain and/or remove his or her own sign without a sign erector's license, provided that a licensed electrician shall perform the maintenance of any electrical wiring and make the electrical disconnection when an electrical sign is involved.
(Code 1976, § 14.40.040; Ord. No. 84-373, § 1(part), 1984) :::
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Secs. 28-310---28-336. Reserved.
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ARTICLE XI. ADMINISTRATION AND ENFORCEMENT
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Sec. 28-337. Zoning Board of Appeals.
The Zoning Board of Appeals has the powers and duties in respect to this article as provided for in Wis. Stats. § 62.23(7)(e).
(Code 1976, § 14.48.010; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-338. Plan Commission review of conditional sign permits.
This article provides for Plan Commission review and approval of conditional sign permits. The following application, hearing and review process shall apply.
1Application. An application for a conditional sign permit shall be filed with the City Planner on a prescribed form, accompanied with the required $500.00 application fee. The application shall be accompanied by a site plan delineating the location of the proposed sign, sign plans normally required with a sign permit application and such plans or other information as deemed necessary by the City Planner to process the application.
2Hearing on application. Upon receipt of the application and other materials, the Plan Commission shall hold a public hearing on the application of a conditional sign permit at such time and place as shall be established by the Plan Commission.
3Notice of hearing. Notice of the time, place and purpose of such hearing shall be given as a Class 1 Notice under the Wisconsin Statutes in the official City paper. Notice of time, place and purpose of such public hearing shall also be sent to the applicant and to the property owners as recorded in the property tax assessment rolls within 400 feet of the subject site, said notice to be sent by regular mail at least ten days prior to such public hearing.
4Plan Commission review. The Plan Commission, after holding a public hearing, shall, within a reasonable time not to exceed 60 days, grant or deny the application. Failure to act shall constitute denial of the request. Prior to the granting of a permit, the Commission shall make findings based upon the evidence presented that the criteria herein prescribed are being complied with.
5Applicability. Any sign in existence at the time of the adoption of the ordinance codified in this article or any amendment thereto, which would have become a nonconforming sign because of the adoption of the ordinance codified in this article or any amendment thereto and which conforms to all of the standards provided for conditional sign permit in this chapter shall be deemed to be a permitted conditional sign and shall be granted a conditional sign permit by the Plan Commission.
(Code 1976, § 14.48.015) :::
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Sec. 28-339. Order to correct violations---Requirements.
aWhere a violation of the Sign Code exists, the Building Official may order the owner of the property on which the sign is located or the owner of the sign to correct the violation.
bThe order to correct shall be in writing and shall contain the following information:
1A description of the property on which the sign is located and a description of the sign sufficient for identification;
2Specification of the violation, the City ordinance which is being violated, and the section of the Code under which such order is being issued;
3An order to correct the violation;
4A reasonable time period in which the violation is to be corrected; and
5The name of the Building Official ordering correction and the name of the department issuing the order.
cA copy of the order shall be served on the owner of the property on which the sign is located and on the owner of the sign if known and if different than the owner of the property.
(Code 1976, § 14.48.020; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-340. Order to correct violations---Serving procedures.
Orders to correct violations shall be served upon the owner of record by First Class Mail at the address listed on the most recent property tax bill or by delivering the order to the owner personally. When the owner of record does not have an address listed with the Building Division office, the order may be served:
1By delivering the order to the owner personally;
2By First Class Mail addressed to the owner at the last-known address as shown on the most recent property tax bill for the property affected by the order; or
3By posting the order in a conspicuous place on the exterior of the structure affected by the order.
(Code 1976, § 14.48.030; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-341. Order to correct violations---Failure to do so.
In case any order is not properly complied with, the Building Official may follow any, several or all of the following procedures:
1Issue a citation to the owner of the property on which the sign is located or to the owner of the sign for the violation, pursuant to the provisions of Sections 1-10---1-14.
2Request the City Attorney to institute the appropriate action or proceeding at law or in equity against the owner of the property on which the sign is located or the owner of the sign, ordering him or her to:
a. Restrain, correct or remove the violation;
b. Restrain or correct the erection, installation or alteration of any sign in violation of the Sign Code;
c. Prevent the use of the sign or part thereof erected, constructed, installed or altered in violation of or not in compliance with the provisions of the Sign Code or in violation of a plan or specification under which an approval, permit or certificate was issued; or
d. Pay a forfeiture pursuant to the penalty provisions of the Sign Code.
(Code 1976, § 14.48.040; Ord. No. 84-373, § 1(part), 1984) :::
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Sec. 28-342. Violation; penalty.
Any person, firm or corporation who fails to comply with the provisions of this article shall, upon conviction thereof, forfeit to the City not less than $25.00 nor more than $500.00 and the costs of prosecution for each violation. In default of payment of such forfeiture and costs, any person, firm or corporation shall be imprisoned in the county jail for a period of up to 60 days, unless the forfeiture and costs are paid sooner. Each day a violation exists or continues constitutes a separate offense. In addition to other remedies provided by law, the City or any adjoining or neighboring property owner who would be specially damaged by a violation of this article may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful sign.
(Code 1976, § 14.48.050; Ord. No. 84-373, § 1(part), 1984) :::
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Chapter 32 STORMWATER SYSTEM
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ARTICLE I. IN GENERAL
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Secs. 32-1---32-18. Reserved.
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ARTICLE II. STORMWATER UTILITY AND MANAGEMENT SERVICES
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Sec. 32-19. Purpose and necessity; authorization.
aThe City Council hereby find that the management of stormwater and other surface water discharges within and beyond the Rock River and other bodies of water within the City is a matter that affects the health, safety and welfare of the City, its citizens and businesses and others in the surrounding area. All real property in the City, including property owned by public and tax-exempt entities contributes runoff and either uses or benefits from the stormwater system.
bFailure to effectively manage stormwater affects the sanitary sewer utility operations of the City by, among other things, increasing the likelihood of infiltration and inflow into the sanitary sewer system. Surface water runoff may cause nonpoint source pollution, erosion of lands, threaten residences and businesses with water damage, and create environmental damage to the rivers, streams and other bodies of water within and adjacent to the City. A system for the collection, treatment, and disposal of stormwater provides services to all properties within the City of Janesville and surrounding areas, including those properties not currently served by the system. The cost of operating and maintaining the City stormwater management system and financing necessary repairs, replacements, improvements and extensions thereof should, to the extent practicable, be allocated in relationship to the services received from the system. In order to protect the health, safety and welfare of the public, the City Council hereby exercises its authority to establish a stormwater utility and establish the rates for stormwater management services.
cIn promulgating the regulations contained in this chapter, the City is acting pursuant to authority granted by Wis. Stats. chs. 62 and 66, including, but not limited to, Wis. Stats. §§ 62.04, 62.11, 62.16(2), 62.18, 66.0101, 66.0621, 66.080, 66.0811, 66.0813, 66.0703, and 66.0627.
(Code 1976, § 13.10.010) :::
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Sec. 32-20. Creation.
There is hereby created and established a stormwater utility within the City of Janesville, effective January 1, 2003. The entire operation, charge and management of the stormwater utility is vested in the City Manager, subject, however, to the general control and supervision of the City Council, pursuant to applicable state law.
(Code 1976, § 13.10.020) :::
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Sec. 32-21. Authority.
The City, acting through the stormwater utility, may, without limitation due to enumeration, acquire by gift, purchase, eminent domain, condemnation or otherwise, construct, lease, own, operate, maintain, improve, update, modify, extend, expand, replace, clean, dredge, repair, conduct, manage, finance, borrow monies, assess and/or levy fees for such facilities, operations, maintenance and activities as are deemed, from time to time, by the City to be proper and reasonably necessary for a system of stormwater and surface water management. These facilities may include, without limitation due to enumeration, surface and underground drainage facilities, inlets, manholes, sewers, channels, ditches, retention and detention basins, infiltration facilities, retaining walls, streets, roads, natural drainageways, and such other facilities as will support a stormwater management system.
(Code 1976, § 13.10.030) :::
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Sec. 32-22. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Words used in the singular shall include the plural, and the plural, the singular; words used in the present tense shall include the future tense; the word "shall" is mandatory and not discretionary; the word "may" is permissive.
Charge means the periodic or other fee imposed under this chapter for the rendering of stormwater utility services by the City.
Director means the Director of Public Works or his or her designee.
Duplex means any residential property having two dwelling units.
Dwelling unit means a room or group of rooms, including cooking accommodations, occupied by one family, and in which not more than two persons, other than members of the family, are lodged or boarded for compensation at any one time.
Equivalent runoff unit or ERU is the basic unit by which a storm sewer charge is calculated under this article and is based upon the impervious area reasonably determined by the City. The term "ERU" means the statistical average horizontal impervious area of single family homes and duplexes within the City of Janesville on the date of adoption of the ordinance from which this article is derived.
Impervious area means a surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by rainwater. The term "impervious area" includes, without limitation due to enumeration, all areas covered by structures, roof extensions, patios, porches, driveways, loading docks and sidewalks, and semi-impervious surfaces such as compacted gravel, all as measured on a horizontal plane.
Multifamily unit means any residential property comprised of three or more dwelling units, including condominiums and manufactured homes.
Nonresidential property means a lot or parcel of land, with improvements such as a building, structure, grading or substantial landscaping, which is not residential property, excluding publicly-owned rights-of-way, recreational trails, and publicly-owned or privately-owned rail beds utilized for railroad transportation.
Person means each and every property owner and includes, but is not limited to, natural persons, partnerships, corporations, limited liability companies, limited liability partnerships, joint ventures, and all other legal entities of whatever kind or nature.
Residential property means a lot or parcel of land developed exclusively for residential purposes, including single-family units, duplexes, and multifamily units. The term "residential property" includes condominiums and manufactured homes.
Single family unit means any residential property consisting of one dwelling unit.
Stormwater utility means the City-owned and -operated utility established under this article for the purpose of managing stormwater and imposing charges for the recovery of costs connected with such stormwater management.
Undeveloped property means real property that is not developed by the addition of an improvement such as a building, structure, grading or substantial landscaping. A property shall be considered to be developed if:
1A certificate of occupancy has been issued for a building or structure on the property or, if no certificate of occupancy has been issued, upon substantial completion of construction or final inspection; or
2Construction of an improvement on the property is at least 50 percent completed and such construction has ceased for a period of at least three months, whether consecutive or not.
(Code 1976, § 13.10.040) :::
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Sec. 32-23. Income and revenue.
The stormwater utility finances shall be accounted for in a separate Stormwater Utility Enterprise Fund by the City. All income and revenues shall be retained by the Stormwater Utility Enterprise Fund. The stormwater utility shall prepare an annual budget, which is to include all operation and maintenance costs, debt service and other costs related to the operation of the stormwater utility. The annual budget is subject to approval by the City Council.
(Code 1976, § 13.10.050) :::
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Sec. 32-24. Rates and charges.
aEvery person shall pay the applicable Janesville stormwater service charge when due for each property owned by that person.
bThe basis for computation of the charge for stormwater services to lots and parcels of land within the City is established under this section. The amount of charge to be imposed, the establishment of formulas for the calculation of charges, the creation of customer classifications for the imposition of charges, and changes in such charges, formulas and customer classifications shall be consistent with this chapter. All charges established pursuant to this chapter shall be fair and reasonable. A schedule of current charges shall be maintained and on file in the office of the City Clerk.
cCharges shall be imposed to recover all or a portion of the costs of the Stormwater Utility. Such charges may include, but are not limited to, the following components:
1Base component. The base component shall include the stormwater utility's adopted annual budget administrative and management costs plus any other costs not in the components described below.
2Runoff component. The runoff component shall include the stormwater utility's adopted annual budget costs associated with the construction, inspection, maintenance, repair, and replacement of all stormwater infrastructure associated with the conveyance or storage of stormwater runoff. In the case of multipurpose infrastructure those costs shall be prorated.
3Water quality component. The water quality component shall include the stormwater utility's adopted annual budget costs associated with the construction, inspection, maintenance, repair, and replacement of all stormwater infrastructure associated with the cleaning or treatment stormwater. In the case of multipurpose infrastructure those costs shall be prorated.
dCredits may be available to multifamily and nonresidential property owners. It shall be the burden of the property owner to demonstrate to a reasonable degree of certainty with evidence that a fee adjustment is warranted. All applications for credit shall be reviewed by the Director. The Director may reduce the stormwater utility after taking into consideration the evidence provided. The base Component shall be charged to all properties regardless of credits. Credits may be applicable to multifamily and nonresidential properties based on three criteria:
1Non-contributing property. A non-contributing property is a property that does not contribute any runoff into the City's stormwater infrastructure. These properties may either drain directly into the Rock River or drain outside of the City without passing through a City facility. A non-contributing property may receive credit towards the runoff component of the utility fee. A non-contributing property may also be eligible for credit towards the water quality component but this shall be considered independently and shall be based on demonstrated water quality treatment provided by on-site facilities.
2Runoff control. A property may be eligible for runoff control based on onsite stormwater treatment facilities. Any credit towards the runoff component shall be calculated based on the extent to which the property controls the 100-year design storm beyond the required peak flow control. This credit shall be capped at 80 percent of the total component costs.
3Water quality treatment. A property may be eligible for water quality treatment based on on-site stormwater treatment facilities. Any credit towards the runoff component shall be calculated based on the extent to which the property treats total suspended solids storm beyond the required treatment level. This credit shall be capped at 80 percent of the total component costs.
In order for a property to be eligible for a credit, a property shall not be in violation of any other stormwater or erosion control requirements and shall have recorded maintenance agreement. All credits will expire on July 1 of every even numbered year beginning with 2020. In order for a credit to remain in effect, proper maintenance records shall be submitted to and approved by the Director.
(Code 1976, § 13.10.060) :::
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Sec. 32-25. Classifications of customers.
The City Council, from time to time, by budget adoption, may establish classifications other than the customer classifications set forth in this article, as may be likely to provide a reasonable and fair distribution of the costs of the stormwater utility to all users.
(Code 1976, § 13.10.070) :::
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Sec. 32-26. Billing.
aThe stormwater utility billing schedule shall coincide with the billing schedule for the Janesville Water Utility. Stormwater utility charges shall be due and payable to the City Treasurer at the same time that the water utility bills are payable.
bResidential bills shall be placed in the name of the property owner except as permitted in Subsection (c) of this section.
cResidential property owners may have the bill placed in the name of the tenant if the following conditions are met:
1The owner of the rental dwelling unit notifies the utility in writing of the name and address of the owner.
2The owner of the rental dwelling unit notifies the utility in writing of the name and address of the tenant who is responsible for payment of the utility charges.
3If requested by the utility, the owner of the rental dwelling unit provides the utility with a copy of the rental or lease agreement in which the tenant assumes responsibility for the payment of the utility charges.
dIn order to comply with the requirements of Subsection (c) of this section the property owner must complete a written application in compliance with the operating policies of the Janesville Utility.
(Code 1976, § 13.10.080) :::
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Sec. 32-27. Payment of charge; lien; penalty.
aStormwater utility charges shall be payable upon receipt, subject to the provisions of this section.
bStormwater utility charges shall not be payable in installments.
cCharges remaining unpaid for a period of 30 days or more from the date of the utility bill shall be assessed a late payment penalty charge. All delinquent utility charges shall be subject to a penalty of one percent computed every 30 days upon the unpaid balance and will be added thereto, in addition to all other charges, penalties or interest, when the delinquent charge is extended upon the tax roll.
dIf a charge and/or late penalty remains unpaid for a period of 30 days after the date of the utility bill, such charge and penalty shall become a lien upon the real property to which it applies, as provided in Wis. Stats. §§ 66.0821 and 66.0809, and other applicable provisions of the Wisconsin Statutes, as from time to time amended or renumbered.
eDelinquent charges and penalties shall be automatically extended upon the next available tax roll as a delinquent tax against the real property, and all proceedings relating to the collection, return and sale of property for delinquent real estate taxes shall apply to such charges.
(Code 1976, § 13.10.090) :::
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Sec. 32-28. Customer classifications.
aFor the purpose of imposing and collecting the charges imposed under this article, all lots and parcels of real property (land) in the City shall be classified into the following customer classifications:
1Residential---Single-family unit.
a. Lot area greater than 7,700 square feet.
b. Lot area equal to or less than 7,700 square feet.
2Residential---Duplex.
3Residential---Multifamily.
4Nonresidential.
5Undeveloped.
bThe Director shall prepare and maintain an updated current list of all lots and parcels of real property (land) within the City of Janesville and assign the appropriate customer classification to each lot and parcel. This list shall include the number of ERU's assigned to each lot or parcel.
cThe average square footage of impervious area of the ERU, as of the date of adoption of the ordinance from which this article is derived, is hereby established to be equivalent to 3,200 square feet.
dThe ERU charges for the foregoing customer classifications shall be established as follows:
1Residential---Single-family unit.
a. Lot area greater than 7,700 square feet: 1.0 ERU.
b. Lot area equal to or less than 7,700 square feet: 0.7 ERU.
2Residential---Duplex: 0.5 ERU multiplied by each dwelling unit.
3Residential---Multifamily: One ERU multiplied by the factor obtained by dividing the total impervious area of the property by the square footage equivalent for one ERU. Such impervious area shall be determined based upon the best information reasonably available. The result shall be rounded down to the nearest five-tenths. The minimum charge for a multifamily property shall be equal to the rate for five-tenths of one ERU.
4Nonresidential---One ERU times a factor obtained by dividing the total impervious area of the property by the square footage equivalent for one ERU. Such impervious area shall be determined based upon the best information reasonably available. The result shall be rounded down to the nearest five-tenths. The minimum charge for a nonresidential property shall be equal to the rate for five-tenths of one ERU.
5Undeveloped---No stormwater charge shall be assigned to undeveloped land.
eThe Director shall be responsible for determining the impervious area based on the best available information, including, but not limited to, data supplied by the City Assessor, aerial photography, the property owner, tenant, or developer. The billing amount shall be updated by the Director based on any additions to the impervious area as approved through the building permit process. Individual property owners may submit site and building surveys to the Director that help more accurately determine the total area and impervious area.
fAll unoccupied developed lots and parcels shall be subject to the stormwater utility charges.
(Code 1976, § 13.10.100) :::
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Sec. 32-29. New construction.
A property owner shall be responsible for timely submitting a fully completed and accurate stormwater utility service application at the time a building permit is issued or a site plan review is conducted. The application shall be made on a form prescribed by the City and provided with each application for a building permit or application for site plan review. Failure to submit such stormwater utility service application or providing false information on such form shall constitute a violation of this article. The implementation of stormwater charges shall commence as set forth in this article.
(Code 1976, § 13.10.110) :::
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Sec. 32-30. Appeal.
aThe amount of a particular stormwater utility charge may be appealed to the City Manager by filing a written appeal with the City Clerk prior to the due date of the charge or within 30 days of payment. The written appeal shall specify all grounds for challenge to the amount of the charge and shall state the amount of charge that the appellant considers to be inappropriate. Failure to timely appeal waives all right to later challenge the charge.
bIn considering an appeal, the City Manager shall determine whether the stormwater utility charge is fair and reasonable under the particular facts and circumstances pertaining to that specific property and, in the event the appeal is granted, whether or not a refund is due the appellant and the amount of the refund. The City Manager shall notify the appellant in writing of his or her determination.
cThe customer has 30 days from the date of the written decision of the City Manager to file a written appeal with the City Council.
dIf the City Manager or City Council determines that a refund is due the customer, the refund will be applied as a credit towards the customer's next stormwater billing charge, if the refund will not exceed the customer's next stormwater billing charge, or it may be refunded at the discretion of the City Clerk.
(Code 1976, § 13.10.120) :::
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Sec. 32-31. Alternative method to collect stormwater charges.
aThe City Council hereby find and determine that the stormwater utility charges established under this article reasonably reflect the services rendered to real property and may be, and are hereby authorized to be, assessed, charged, levied, imposed and a collected upon property as a special charge in accord with all applicable Wisconsin Statutes.
bThe mailing of the bill for stormwater utility charges to a property owner shall serve as notice to the property owner that failure to pay the charges when due may result in the charges being levied upon the owner's applicable real property.
cIn addition, the City may provide notice each October of any unpaid charges to the stormwater utility and such charges, if not paid by November 15, may be placed upon the tax roll and collected in the manner provided by this article and/or the applicable provisions of the Wisconsin Statutes. The collection method provided in this section is in addition to the collection method provided for in this article.
(Code 1976, § 13.10.130) :::
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Sec. 32-32. Conflict with other ordinances, laws.
aIn the event of any conflict between any provision set forth in this article and any other City Ordinance, the competing provisions shall be harmonized to the fullest extent possible so as to facilitate the intent and proper effect of the separate areas of regulation.
bIn the event of any conflict between any provision set forth in this chapter and in Article IV of Chapter 40, Wastewater Facilities and Sewer Use Ordinance, the provision set forth in Article IV of Chapter 40, as from time to time amended or renumbered, shall take precedence and govern.
(Code 1976, § 13.10.140) :::
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Sec. 32-33. Penalty.
aAny person who violates or causes to be violated any provisions set forth in this article shall, upon conviction thereof, pay a forfeiture to the City in the amount of not less than $50.00 nor more than $1,000.00, together with the costs of prosecution thereof. Upon default in payment of the imposed forfeiture, the violator shall be committed to the Rock County Jail for a term of not more than 90 days.
bThe payment of such imposed forfeiture shall be in addition to the payment of any and all stormwater service charges, fees and penalties imposed by the article.
cEach day's continuance of a violation shall constitute a separate offense to which a separate forfeiture may be imposed.
dIt shall be the responsibility of the violator to cease and abate the violation immediately.
eIn addition to the forfeitures set forth above and payment of the charges, the City may seek, obtain and enforce injunctive relief.
(Code 1976, § 13.10.150) :::
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Secs. 32-34---32-54. Reserved.
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ARTICLE III. STORM SEWER SYSTEM ILLICIT DISCHARGE AND ILLEGAL CONNECTION PREVENTION ORDINANCE
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Sec. 32-55. Purpose; intent.
The purpose of this article is to provide for the health, safety, and general welfare of the citizens of the City of Janesville through the regulation of non-stormwater discharges to the MS4 to the maximum extent practicable as required by federal and state law. This article establishes methods for controlling the introduction of non-stormwater pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the Wisconsin Pollutant Discharge Elimination System (WPDES) permit process. The objectives of this article are:
1To regulate the contribution of non-stormwater pollutants to the MS4 by stormwater discharges by any user.
2To prohibit illicit connections and discharges to the MS4.
3To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this article.
(Code 1976, § 13.20.010) :::
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Sec. 32-56. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Authorized enforcement agency means the Director of Public Works for the City of Janesville or designees of the Director of Public Works for the City of Janesville.
Best management practices (BMPs) means structural or non-structural measures, practices, techniques, or devices employed to avoid or minimize soils, sediments, or pollutants carried in runoff to waters of the state.
Contaminated stormwater means stormwater that comes into contact with material handling equipment or activities, raw materials, intermediate products, final products, waste materials, byproducts or industrial machinery in the source areas listed in NR 216 (effective August 1, 2004), as from time to time amended or renumbered.
Department (DNR) means the Wisconsin Department of Natural Resources.
Discharge, as defined in Wisconsin Statute Chapter 283 Pollution Discharge Elimination (November 1, 2005), as from time to time amended or renumbered, when used without qualification includes a discharge of any pollutant.
Discharge of pollutant or discharge of pollutants, as defined in Wis. Stats. ch. 283 (November 1, 2005), as from time to time amended or renumbered, means any addition of any pollutant to the waters of the state from any point source.
Hazardous materials means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Illicit connections means either of the following:
1Any drain or conveyance, whether on the surface or subsurface that allows an illicit discharge to enter the MS4, including, but not limited to, any conveyances that allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the MS4 and any connections to the MS4 from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; and/or
2Any drain or conveyance connected to the MS4 from a parcel of land which has not been documented in plans, maps, or equivalent records and approved by the Department of Public Works.
Illicit discharge means any discharge to a municipal separate storm sewer system that is not composed entirely of stormwater except discharges authorized by a WPDES permit or other discharge not requiring a WPDES permit such as landscape irrigation, individual residential car washing, firefighting, diverted stream flows, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, lawn watering, flows from riparian habitats and wetlands, and similar discharges.
Industrial activity means activities subject to WPDES Industrial Permit per NR 216 (effective August 1, 2004) and Wis. Stats. ch. 283 (November 1, 2005), both as respectively from time to time amended or renumbered.
Municipal separate storm sewer system (MS4), as defined in Wisconsin Administrative Code NR 216 (effective August 1, 2004), as from time to time amended or renumbered, means a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, channels or storm drains, which meets all the following criteria: Owned or operated by a municipality; designed or used for collecting or conveying stormwater; which is not combined sewer conveying both sanitary and stormwater. For the City of Janesville, this definition explicitly includes, but is not limited to, the identified Green Belt system and any and all additions thereto.
Municipality means the City of Janesville, a Wisconsin Municipal Corporation.
Non-stormwater discharge means any discharge to the MS4 that is not composed entirely of stormwater.
Outfall means the point at which stormwater is discharged from an MS4 to waters of the state or to a storm sewer or another permitted MS4 system.
Owner means any person holding fee title, an easement, or other interest in property.
Person means an individual, owner, operator, corporation, partnership, cooperative, association, limited liability company, limited liability partnership, entity of whatever other kind or nature, municipality, interstate agency, state agency, or federal agency.
Pollutant, as defined in Wis. Stats. ch. 283 (November 1, 2005), as from time to time amended or renumbered, means any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discharged into water.
Pollution, as defined in Wis. Stats. ch. 283 (November 1, 2005), as from time to time amended or renumbered, means any manmade or man-induced alteration of the chemical, physical, biological or radiological integrity of water.
Pollution prevention means taking measures to eliminate or reduce pollution or a pollutant.
Premises means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
Stormwater means runoff from precipitation including rain, snow, ice melt, or similar water that moves on the land surface via sheet or channelized flow.
Stormwater management plan/stormwater pollution prevention plan means a document which describes the activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
Watercourse means a natural or artificial channel through which water flows. These channels include: all blue and dashed blue lines on the USGS quadrangle maps, all channels shown on the soils maps in the NRCS soils book for Rock County, Wisconsin, as from time to time amended, and new channels that are created as part of a development. The term "watercourse" includes waters of the state, as herein defined, and channelized systems that are not waters of the state including the City of Janesville's identified Green Belt system.
Waters of the state, as defined in Wis. Stats. ch. 283 (November 1, 2005), as from time to time amended or renumbered, means those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, water courses, drainage systems and other surface water or groundwater, natural or artificial, public or private within the state or under its jurisdiction, except those waters which are entirely confined and retained completely upon the property of a person.
Wisconsin Pollutant Discharge Elimination System (WPDES) Stormwater Discharge Permit means a Wisconsin Pollutant discharge elimination system permit issued pursuant to Wis. Stats. ch. 283 (November 1, 2005), as from time to time amended or renumbered.
(Code 1976, § 13.20.020) :::
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Sec. 32-57. Applicability.
This article shall apply to all water entering the City of Janesville's MS4 generated on any lands unless explicitly exempted by an authorized enforcement agency.
(Code 1976, § 13.20.030) :::
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Sec. 32-58. Responsibility for administration.
The Department of Public Works and/or its agents shall administer, implement, and enforce the provisions of this article, together with such others as may from time to time be designated by the City Manager. Any and all powers granted and/or duties imposed upon the Department of Public Works and/or the Director of Public Works may be delegated in writing by the Director of Public Works and/or the City Manager to persons or entities acting in the beneficial interest of and/or in the employ of the City and/or agency.
(Code 1976, § 13.20.040) :::
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Sec. 32-59. Compatibility with other regulations.
This article is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this article are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whoever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.
(Code 1976, § 13.20.050) :::
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Sec. 32-60. Severability.
The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applicability of the remaining provisions, requirements, mandates, or scope of this chapter.
(Code 1976, § 13.20.060) :::
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Sec. 32-61. Ultimate responsibility.
The standards set forth herein and promulgated pursuant to this article are minimum standards; therefor this article does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants, or violations hereof.
(Code 1976, § 13.20.070) :::
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Sec. 32-62. Discharge prohibitions.
aProhibition of illicit discharges and other prohibitions.
1No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the City of Janesville's MS4 any pollutants or waters containing any pollutants, other than stormwater.
2Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, or pollutants that would pollute or contaminate water.
bAllowed discharges.
1Water line flushing, landscape irrigation, diverted stream flows, rising groundwaters, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water.
2Discharges or flow from firefighting, and other discharges specified in writing by the Department of Public Works as being necessary to protect public health and safety.
3Discharges associated with dye testing; however, this activity requires a verbal notification to the Department of Public Works and the Department of Natural Resources a minimum of one day prior to the time of the test.
4Any non-stormwater discharge permitted under a WPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Wisconsin Department of Natural Resources. Any person subject to such a WPDES stormwater discharge permit shall comply with all provisions of such permit.
cProhibition of illicit connections.
1The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited.
2This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
3A person is considered to be in violation of this article if the person connects a line conveying sewage or pollutants to the MS4, or allows such a connection to continue.
4Improper connections in violation of this article must be disconnected and redirected, if necessary, to an approved on-site wastewater management system or the sanitary sewer system upon approval of the Department of Public Works.
5Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the Department of Public Works requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the Department of Public Works.
(Code 1976, § 13.20.080) :::
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Sec. 32-63. Compliance monitoring.
aRight of entry; inspecting and sampling. The Department of Public Works shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article.
1If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the Department of Public Works upon proper notification.
2Facility operators shall allow the Department of Public Works ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records. The Department of Public Works shall follow all safety requirements of the facility.
3The Department of Public Works and all City employees performing any activity concerning any part of this article shall have the right to set up upon any facility any and all such devices as are necessary in the opinion of the Director of Public Works and/or City Manager to conduct monitoring and/or sampling of the facility's stormwater discharge. The Department of Public Works shall establish such devices in a manner such that interference with facility operations is minimized.
4The Department of Public Works has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
5Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Department of Public Works and shall not be replaced. The costs of clearing such access shall be borne by the operator.
6Unreasonable delays in allowing the Department of Public Works access to a facility is a violation. A person who is the operator of a facility commits an offense if the person denies the Department of Public Works or any agent thereof reasonable access to the facility for the purpose of conducting any activity authorized or required by this article.
bSpecial inspection warrant. If the Department of Public Works or any agent thereof has been refused access to any part of the premises from which stormwater is discharged, and he or she is able to demonstrate probable cause to believe that there may be a violation of any provision of this article, and/or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, and/or to protect the overall public health, safety, and welfare of the City and/or community, and/or to any person, then the Director of the Department of Public Works, and/or the City, and/or City Manager, and/or City Attorney may seek issuance of a special inspection warrant, pursuant to Wis. Stats. § 66.0119, as from time to time amended or renumbered.
(Code 1976, § 13.20.090) :::
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Sec. 32-64. Requirement to prevent, control, and reduce accidental discharge of prohibited materials or other wastes.
The owner, possessor, or operator of any property, activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the MS4, or waters of the state shall provide, solely at his or her or their own cost and expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal MS4 or watercourses through the use of structural and non-structural BMPs. Further, any person responsible for a property or premises, that is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and/or non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid WPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable as determined by the Director of Public Works, shall be deemed compliance with the provisions of this section.
(Code 1976, § 13.20.100) :::
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Sec. 32-65. Notification of spills.
aAs soon as any person responsible for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into the MS4, or a watercourse, said person shall immediately take all necessary steps to ensure the discovery, containment, and cleanup of such release.
bIn the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the Department of Public Works in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Department of Public Works postmarked by the next business day.
cIf the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall prepare a written record of the discharge and the actions taken to clean up and prevent its recurrence. Such records shall be personally delivered or mailed via certified mail to the City of Janesville Department of Public Works.
dFailure to provide notification of a release as provided above is a violation of this article.
eThis section does not replace, or relieve the property owner of or from any federal or state spill response regulations or requirements.
(Code 1976, § 13.20.110) :::
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Sec. 32-66. Violations, enforcement, and penalties.
aViolations.
1It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. Any person who has violated or continues to violate the provisions of this article, may be subject to the enforcement actions outlines in this section or may be restrained by injunction or otherwise abated in a manner provided by law.
2In the event the violation constitutes an immediate danger to public health or public safety, the Department of Public Works is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation including suspension of MS4 access. The Department of Public Works is authorized to seek costs of the abatement as outlines elsewhere in this article.
bNotice of violation. Whenever the Department of Public Works finds that a person has violated a prohibition or failed to meet a requirement of this article, the Department of Public Works may order compliance by written notice of violation to the responsible person. The notice of violation shall contain:
1The name and address of the alleged violator;
2The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;
3A statement specifying the nature of the violation;
4A description of the remedial measures necessary to restore compliance with this article and a time schedule for the completion of such remedial action;
5A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
6A statement that the determination and/or notice of violation may be appealed to the City Plan Commission and then to the City Council, all subject to judicial review in a circuit court solely in Rock County, Wisconsin, by filing a written notice of appeal within three business days service of the City's notice of violation; and
7A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or contractor and the expense thereof shall be charged to the violator.
Such notice of the violation may require, without limitation:
1The performance of monitoring, analyses, and reporting;
2The elimination of illicit connections or discharges;
3That violating discharges, practices, or operations shall cease and desist;
4The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
5Payment of a fine to cover administrative and remediation costs; and
6The implementation of BMPs.
cProsecution and penalties.
1No person may violate or cause another to violate any provision, requirements, obligation, and/or mandate set forth in this article.
2Any person that has violated or continues to violate any provisions, requirement, obligation, and/or mandate set forth in this article shall be liable to prosecution to the fullest extent of the law.
3Any person violating any of the provisions of this article shall be subject to the relief, enforcement and penalties set forth in Article VII of Chapter 10, as from time to time amended, revised, or renumbered.
4In addition, in the event that the alleged violator fails to take the remedial measures set forth in the notice of the violation or otherwise fails to cure the violations described therein within the set time period specified by the City and/or any other authorized agency after the City, the Department of Public Works, and/or the Director of Public Works has/have severally or jointly taken one or more of the actions described above, the violator shall forfeit and pay a penalty set forth in Article VII of Chapter 10, as from time to time amended, revised, or renumbered.
5In addition, each day's continuance of each violation shall constitute a separate violation whether or not notice is provided.
6In addition, and not in lieu thereof, each day that a violation remains unremedied after receipt of the notice of violation shall also constitute a separate violation. The City may concomitantly and/or separately seek and obtain other equitable and/or legal relief, including, but not limited to, injunctive relief and abatement. All penalties, forfeitures, legal, and equitable relief and remedies shall be cumulative and not exclusive. The non-use of one remedy, relief, or penalty for any violation, event, or situation, shall not act as any waiver, estoppels, or other bar to seek and/or obtain such legal and/or equitable remedy, relief, and/or penalty for similar and/or other violation hereof.
(Code 1976, § 13.20.120) :::
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Sec. 32-67. Appeal of notice of violation.
aThe Plan Commission for the City of Janesville shall serve as the board of appeals for the purposes of this article; then the City Council of the City of Janesville. The Plan Commission and, if subsequently appealed thereto, the City Council:
1Shall hear and decide appeals where it is alleged that there is an error in any order, decision or determination made by the City Engineer and/or the Director of Public Works in administering this article except for cease and desist order;
2Upon appeal, may authorize one or more variance from one or more provision of this article but only if such variance are not contrary to the public interest; and where owing to unique and/or special conditions, a literal enforcement of the applicable provision of the chapter will result in unnecessary hardship; and
3Shall use the rules, procedures, duties, and powers authorized by other ordinances and/or state statute and/or law in hearing and deciding appeals and authorizing such variance.
bWho may appeal. Appeals to the Plan Commission and subsequently to the City Council may be made by any aggrieved person, whether or not the affected property owner, and/or by any elected or appointed official, officer, department, board, commission, of the City of Janesville affected by an decision of the Director of Public Works involving this article.
(Code 1976, § 13.20.130) :::
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Sec. 32-68. Enforcement measures after appeal.
If any violation has not been fully remedied and/or corrected, pursuant to the requirements, obligations, mandates, and provisions set forth in this article and/or as set forth in the notice of violation, and/or, in the event of an appeal, the municipal authority shall uphold the decision and/or order of the Department of Public Works, Director of Public Works, City Manager, and/or her/his respective applicable designee, then representatives, employees, and agents of the Department of Public Works are authorized to enter upon the subject private property from time to time and at any time, and without prior or other notice, and take any and all measures the Director of Public Works, the City Manager, and/or his or her respective designee determine from time to time and at any time, necessary, desirable, and/or helpful to abate the violation; and/or protect the public good, health, welfare, peace, tranquility, and/or good order; protect any person or property from harm or damage; and/or to prevent further violation of this chapter; and/or to directly and/or indirectly protect the public waters of the state. It shall be unlawful for any person, owner, agent or other in possession or control of any premises or property to refuse, prevent, obstruct, hinder, delay or not allow the government agency, City, City employees, agents, and representatives, and/or designated contractor to enter upon the premises or property for the purposes set forth above in this article.
(Code 1976, § 13.20.140) :::
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Sec. 32-69. Cost of abatement of the violation.
The Department of Public Works, on behalf of the City, may recover, and the applicable property owner shall pay to the City, any and all staff time; contractor time; time and overhead of staff and others; attorney's fees; court costs; remediation and abatement costs, fees and expenses; payment of any kind made, and/or obligations incurred by the City; and any and all other costs, fees, and expenses (Costs) directly and/or indirectly arising from and/or pertaining to the enforcement of any provision set forth in this article. Such shall include, but not be limited to: costs of administration, City staff time, City expenses, private contractor work under contract with the City, sampling and monitoring expenses. The owner of the property shall be notified of the costs. If the Cost amount due is not paid by the date determined by the municipal authority and/or City Clerk-Treasurer and/or his or her designee, the charges shall become a special charge against the property, shall constitute a lien on the property, and shall be collected as property taxes are levied.
(Code 1976, § 13.20.150) :::
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Sec. 32-70. Violations deemed a public nuisance.
Any violation of any of the provisions set forth in this article shall be declared and deemed a nuisance, and may be summarily abated or restored at the violator's sole cost and expense.
(Code 1976, § 13.20.160) :::
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Secs. 32-71---32-96. Reserved.
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ARTICLE IV. POST-CONSTRUCTION STORMWATER MANAGEMENT ORDINANCE
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Sec. 32-97. Authority.
aThis article is adopted by the City Council under the authority granted by Wis. Stats. § 62.234. This article supersedes all provisions of a chapter or ordinance previously enacted under Wis. Stats. § 62.23, that relate to stormwater management regulations. Except as otherwise specified in Wis. Stats. § 62.234, Wis. Stats. § 62.23, applies to this article and to any amendments to this article.
bThe provisions of this article are deemed not to limit any other lawful regulatory powers of the same governing body.
cThe City Council hereby designates the Director of Public Works, hereafter referred to as the Director, to administer and enforce the provisions of this article.
dThe requirements of this article do not pre-empt more stringent stormwater management requirements that may be imposed by any of the following:
1Wisconsin Department of Natural Resources administrative rules, permits or approvals including those authorized under Wis. Stats. §§ 281.16 and 283.33.
2Targeted non-agricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under Wis. Admin. Code § NR 151.004.
(Code 1976, § 15.06.010) :::
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Sec. 32-98. Findings of fact; purpose; intent.
aThe City Council acknowledges that uncontrolled, post-construction runoff has a significant impact upon water resources and the health, safety and general welfare of the community and diminishes the public enjoyment and use of natural resources. Specifically, uncontrolled post-construction runoff can:
1Degrade physical stream habitat by increasing stream bank erosion, increasing streambed scour, diminishing groundwater recharge, diminishing stream base flows and increasing stream temperature.
2Diminish the capacity of lakes and streams to support fish, aquatic life, recreational and water supply uses by increasing pollutant loading of sediment, suspended solids, nutrients, heavy metals, bacteria, pathogens and other urban pollutants.
3Alter wetland communities by changing wetland hydrology and by increasing pollutant loads.
4Reduce the quality of groundwater by increasing pollutant loading.
5Threaten public health, safety, property and general welfare by overtaxing storm sewers, drainage ways, and other minor drainage facilities.
bThe general purpose of this article is to establish long-term, post-construction runoff management requirements that will diminish the threats to public health, safety, welfare and the aquatic environment. Specific purposes are to:
1Further the maintenance of safe and healthful conditions.
2Prevent and control the adverse effects of stormwater; prevent and control soil erosion; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth.
3Control exceedance of the safe capacity of existing drainage facilities and receiving water bodies; prevent undue channel erosion; and control increases in the scouring and transportation of particulate matter.
4Minimize the amount of pollutants discharged from the separate storm sewer to protect the waters of the state.
cIt is the intent of the City Council that this article regulates post-construction stormwater discharges to waters of the state. This article may be applied on a site-by-site basis. The City Council recognizes, however, that the preferred method of achieving the stormwater performance standards set forth in this article is through the preparation and implementation of comprehensive, systems-level stormwater management plans that cover hydrologic units, such as watersheds, on a municipal and regional scale. Such plans may prescribe regional stormwater devices, practices or systems, any of which may be designed to treat runoff from more than one site prior to discharge to waters of the state. Where such plans are in conformance with the performance standards developed under Wis. Stats. § 281.16, for regional stormwater management measures it is the intent of this article that the approved stormwater management plan be used to identify post-construction management measures acceptable for the community.
(Code 1976, § 15.06.020) :::
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Sec. 32-99. Applicability and jurisdiction.
aApplicability.
1Except as provided under Subsection (b) of this section, this article applies to a post-construction site whereupon one acre or more of land disturbing construction activity occurs during construction.
2A site that meets any of the criteria in this section is exempt from the requirements of this article:
a. A post-construction site with less than ten percent connected imperviousness, based on the area of land disturbance, provided the cumulative area of all impervious surfaces is less than one acre. However, the exemption of this subsection does not include exemption from the protective area standard of this article.
b. Agricultural facilities and practices.
c. Underground utility construction, but not including the construction of any above ground structures associated with utility construction.
3Notwithstanding the applicability requirements in Subsection (a) of this section, this article applies to post-construction sites of any size that, as determined by the Director, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, causes undue channel erosion, or increases water pollution by scouring or the transportation of particulate matter.
bJurisdiction. This article applies to post construction sites within the boundaries and jurisdiction of the City of Janesville;
cExclusions. This article is not applicable to activities conducted by a state agency, as defined under Wis. Stats. § 227.01(1).
(Code 1976, § 15.06.030) :::
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Sec. 32-100. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adequate sod or self-sustaining vegetative cover means maintenance of sufficient vegetation types and densities such that the physical integrity of the streambank or lakeshore is preserved. Self-sustaining vegetative cover includes grasses, forbs, sedges and duff layers of fallen leaves and woody debris.
Administering authority means a governmental employee, or a regional planning commission empowered under Wis. Stats. § 62.234, that is designated by the City Council to administer this article.
Agricultural facilities and practices has the meaning given in Wis. Stats. § 281.16(1).
Atlas 14 means the National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Precipitation-Frequency Atlas of the United States, Volume 8 (Midwestern States), published in 2013.
Average annual rainfall means a typical calendar year of precipitation as determined by the Wisconsin Department of Natural Resources for users of models such as WinSLAMM, P8 or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the municipality.
Best management practice or BMP means structural or non-structural measures, practices, techniques or devices employed to avoid or minimize sediment or pollutants carried in runoff to waters of the state.
Business day means a day the office of the Director of Public Works is routinely and customarily open for business.
Cease and desist order means a court-issued order to halt land disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the Director of Public Works.
Combined sewer system means a system for conveying both sanitary sewage and stormwater runoff.
Connected imperviousness means an impervious surface connected to the waters of the state via a separate storm sewer, an impervious flow path, or a minimally pervious flow path.
Design storm means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall.
Development means residential, commercial, industrial or institutional land uses and associated roads.
Direct conduits to groundwater means wells, sinkholes, swallets, fractured bedrock at the surface, mine shafts, non-metallic mines, tile inlets discharging to groundwater, quarries, or depressional groundwater recharge areas over shallow fractured bedrock.
Effective infiltration area means the area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.
Erosion means the process by which the land's surface is worn away by the action of wind, water, ice or gravity.
Exceptional resource waters means waters listed in § NR 102.11, Wis. Admin. Code.
Filtering layer means soil that has at least a three-foot-deep layer with at least 20 percent fines; or at least a five-foot-deep layer with at least ten percent fines; or an engineered soil with an equivalent level of protection as determined by the regulatory authority for the site.
Final stabilization means that all land disturbing construction activities at the construction site have been completed and that a uniform perennial vegetative cover has been established with a density of at least 70 percent of the cover for the unpaved areas and areas not covered by permanent structures or that employ equivalent permanent stabilization measures.
Financial guarantee means a performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the Director of Public Works by the responsible party to ensure that requirements of the article are carried out in compliance with the stormwater management plan.
Governing body means the City Council of the City of Janesville.
Impervious surface means an area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, gravel or paved parking lots and streets are examples of areas that typically are impervious.
In-fill means an undeveloped area of land located within an existing urban sewer service area, surrounded by development or development and natural or manmade features where development cannot occur.
Infiltration means the entry of precipitation or runoff into or through the soil.
Infiltration system means a device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or road side channels designed for conveyance and pollutant removal only.
Land disturbing construction activity means any manmade alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
Landowner means any person holding fee title, an easement or other interest in property, which allows the person to undertake cropping, livestock management, land disturbing construction activity or maintenance of stormwater BMPs on the property.
Maintenance agreement means a legal document that provides for long-term maintenance of stormwater management practices.
Maximum extent practicable means the highest level of performance that is achievable but is not equivalent to a performance standard identified in this chapter as determined in accordance with Section 32-101.
NRCS MSE3 distribution means a specific precipitation distribution developed by the United States Department of Agriculture, Natural Resources Conservation Service, using precipitation data from Atlas 14.
New development means development resulting from the conversion of previously undeveloped land or agricultural land uses.
Off-site means located outside the property boundary described in the permit application.
On-site means located within the property boundary described in the permit application.
Ordinary high-water mark has the meaning given in § NR 115.03 (6), Wis. Admin. Code.
Outstanding resource waters means waters listed in § NR 102.10, Wis. Admin. Code.
Percent fines means the percentage of a given sample of soil, which passes through a # 200 sieve.
Performance standard means a narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
Permit means a written authorization made by the administering authority to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
Permit administration fee means a sum of money paid to the administering authority by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.
Pervious surface means an area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests or other similar vegetated areas are examples of surfaces that typically are pervious.
Pollutant has the meaning given in Wis. Stats. § 283.01(13).
Pollution has the meaning given in Wis. Stats. § 281.01(10).
Post-construction site means a construction site following the completion of land disturbing construction activity and final site stabilization.
Pre-development condition means the extent and distribution of land cover types present before the initiation of land disturbing construction activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner.
Preventive action limit has the meaning given in Wis. Admin. Code § NR 140.05(17).
Protective area means an area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface.
Redevelopment means areas where development is replacing older development.
Responsible party means the landowner or any other entity performing services to meet the requirements of this article through a contract or other agreement.
Runoff means stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
Separate storm sewer means a conveyance or system of conveyances including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:
1Is designed or used for collecting water or conveying runoff.
2Is not part of a combined sewer system.
3Is not part of a publicly owned wastewater treatment works that provides secondary or more stringent treatment.
4Discharges directly or indirectly to waters of the state.
Silviculture activity means activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
Site means the entire area included in the legal description of the land on which the land disturbing construction activity occurred.
Stop-work order means an order issued by the Director of Public Works which requires that all construction activity on the site be stopped.
Stormwater management plan means a comprehensive plan designed to reduce the discharge of pollutants from stormwater, after the site has undergone final stabilization, following completion of the construction activity.
Stormwater management system plan is a comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.
TR-55 means the United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986, which is incorporated by reference in this article.
TSS means total suspended solids.
Technical standard means a document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
Top of the channel means an edge, or point on the landscape landward from the ordinary high-water mark of a surface water of the state, where the slope of the land begins to be less than 12 percent continually for at least 50 feet. If the slope of the land is 12 percent or less continually for the initial 50 feet landward from the ordinary high-water mark, the top of the channel is the ordinary high-water mark.
Total maximum daily load or TMDL means the amount of pollutants specified as a function of one or more water quality parameters, that can be discharged per day into a water quality limited segment and still ensure attainment of the applicable water quality standard.
Transportation facility means a highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements under Wis. Stats. § 85.095(1)(b). The term "transportation facility" does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the department pursuant to Wis. Stats. § 281.33.
Type II distribution means a rainfall type curve as established in the United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published in 1973.
Waters of the state includes those portions of Lake Michigan and Lake Superior within the boundaries of the state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within the state or its jurisdiction.
(Code 1976, § 15.06.040) :::
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Sec. 32-101. Applicability of maximum extent practicable.
Maximum extent practicable applies when a person who is subject to a performance standard of this article demonstrates to the Director's satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the responsible party shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties.
(Code 1976, § 15.06.050) :::
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Sec. 32-102. Technical standards.
The following methods shall be used in designing the water quality, peak discharge, and infiltration components of stormwater practices needed to meet the water quality standards of this article:
1Consistent with the technical standards identified, developed or disseminated by the Wisconsin Department of Natural Resources under subchapter V of chapter NR 151, Wis. Admin. Code.
2Where technical standards have not been identified or developed by the Wisconsin Department of Natural Resources, other technical standards may be used, provided that the methods have been approved by the Director.
(Code 1976, § 15.06.060) :::
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Sec. 32-103. Performance standards.
aResponsible party. The responsible party shall comply with this section.
bStormwater management plan. A written stormwater management plan in accordance with Section 32-105 shall be developed and implemented for each post-construction site.
cMaintenance of effort. For redevelopment sites where the redevelopment will be replacing older development that was subject to post-construction performance standards of NR 151 in effect on or after October 1, 2004, the responsible party shall meet the total suspended solids reduction, peak flow control, infiltration, and protective areas standards applicable to the older development or meet the redevelopment standards of this article, whichever is more stringent.
dRequirements. The stormwater management plan required under Subsection (b) of this section shall include the following:
1Total suspended solids. BMPs shall be designed, installed and maintained to control total suspended solids carried in runoff from the post-construction site as follows:
a. BMPs shall be designed in accordance with Table 1 or to the maximum extent practicable as provided in Subsection (b) of this section. The design shall be based on an average annual rainfall, as compared to no runoff management controls.
Development Type TSS Reduction New Development 80 percent In-fill development 80 percent Redevelopment 40 percent of load from parking areas and roads
b. Maximum extent practicable. If the design cannot meet a total suspended solids reduction performance standard of Table 1, the stormwater management plan shall include a written, site-specific explanation of why the total suspended solids reduction performance standard cannot be met and why the total suspended solids load will be reduced only to the maximum extent practicable.
c. Off-site drainage. When designing BMPs, runoff draining to the BMP from off-site shall be taken into account in determining the treatment efficiency of the practice. Any impact on the efficiency shall be compensated for by increasing the size of the BMP accordingly.
2Peak discharge.
a. By design, BMPs shall be employed to maintain or reduce the one-year, two-year, ten-year, and 100-year; 24-hour post-construction peak runoff discharge rates to the equivalent 24-hour pre-development peak runoff discharge rates respectively, or to the maximum extent practicable. The runoff curve numbers in Table 2 shall be used to represent the actual pre-development conditions. Peak discharges shall be calculated using TR-55 runoff curve number methodology, Atlas 14 precipitation depths, and the NRCS Wisconsin MSE3 precipitation distribution.
Table 2. Maximum Pre-Development Runoff Curve Numbers
Runoff Curve Number Hydrologic Soil Group
A B C D
Woodland 30 55 70 77
Grassland 39 61 71 78
Cropland 55 69 78 83
b. This subsection does not apply to any of the following:
1. A post-construction site where the discharge is directly into a lake over 5,000 acres or a stream or river segment draining more than 500 square miles.
2. Except as provided under Subsection (c) of this section, a redevelopment post-construction site.
3. An in-fill development area less than five acres.
3Infiltration.
a. Best management practices. BMPs shall be designed, installed, and maintained to infiltrate runoff in accordance with the following or to the maximum extent practicable:
1. Low imperviousness. For development up to 40 percent connected imperviousness, such as parks, cemeteries, and low density residential development, infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 90 percent of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than one percent of the post-construction site is required as an effective infiltration area.
2. Moderate imperviousness. For development with more than 40 percent and up to 80 percent connected imperviousness, such as medium and high density residential, multifamily development, industrial and institutional development, and office parks, infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 75 percent of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than two percent of the post-construction site is required as an effective infiltration area.
3. High imperviousness. For development with more than 80 percent connected imperviousness, such as commercial strip malls, shopping centers, and commercial downtowns, infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 60 percent of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than two percent of the post-construction site is required as an effective infiltration area.
b. Pre-development. The pre-development condition shall be the same as specified in Table 2 of Subsection (d)(2) of this section.
c. Source areas.
- Prohibitions. Runoff from the following areas may not be infiltrated and may not qualify as contributing to meeting the requirements of this section unless demonstrated to meet the conditions identified in Subsection (d)(3)f of this section.
iAreas associated with a tier 1 industrial facility identified in § NR 216.21(2)(a), including storage, loading and parking. Rooftops may be infiltrated with the concurrence of the regulatory authority.
iiStorage and loading areas of a tier 2 industrial facility identified in § NR 216.21(2)(b).
iiiFueling and vehicle maintenance areas. Runoff from rooftops of fueling and vehicle maintenance areas may be infiltrated with the concurrence of the regulatory authority.
2. Exemptions. Runoff from the following areas may be credited toward meeting the requirement when infiltrated, but the decision to infiltrate runoff from these source areas is optional:
iParking areas and access roads less than 5,000 square feet for commercial development.
iiParking areas and access roads less than 5,000 square feet for industrial development not subject to the prohibitions under Subsection (a) of this section.
iiiExcept as provided under Subsection (c) of this section, redevelopment post-construction sites.
ivIn-fill development areas less than five acres.
vRoads on commercial, industrial and institutional land uses, and arterial residential roads.
d. Location of practices.
- Prohibitions. Infiltration practices may not be located in the following areas:
iAreas within 1,000 feet upgradient or within 100 feet downgradient of direct conduits to groundwater.
iiAreas within 400 feet of a community water system well as specified in § NR 811.16 (4) or within the separation distances listed in § NR 812.08 for any private well or non-community well for runoff infiltrated from commercial, including multifamily residential, industrial and institutional land uses or regional devices for one- and two-family residential development.
iiiAreas where contaminants of concern, as defined in § NR 720.03(2), are present in the soil through which infiltration will occur.
2. Separation distances.
(i) Infiltration practices shall be located so that the characteristics of the soil and the separation distance between the bottom of the infiltration system and the elevation of seasonal high groundwater or the top of bedrock are in accordance with Table 3.
Table 3. Separation Distances and Soil Characteristics
Source Area Separation Distance Soil Characteristics Industrial, Commercial, Institutional Parking Lots and Roads 5 feet or more Filtering Layer Residential Arterial Roads 5 feet or more Filtering Layer Roofs Draining to Subsurface Infiltration Practices 1 foot or more Native or Engineered Soil with Particles Finer than Coarse Sand Roofs Draining to Surface Infiltration Practices Not Applicable Not Applicable All Other Impervious Source Areas 3 feet or more Filtering Layer
iiNotwithstanding Subsection (d)(3)d.2 of this section, applicable requirements for injection wells classified under ch. NR 815 shall be followed.
3. Infiltration rate exemptions. Infiltration practices located in the following areas may be credited toward meeting the requirements under the following conditions, but the decision to infiltrate under these conditions is optional:
iWhere the infiltration rate of the soil measured at the proposed bottom of the infiltration system is less than 0.6 inches per hour using a scientifically credible field test method.
iiWhere the least permeable soil horizon to five feet below the proposed bottom of the infiltration system using the U.S. Department of Agriculture method of soils analysis is one of the following: sandy clay loam, clay loam, silty clay loam, sandy clay, silty clay, or clay.
e. Alternate use. Where alternate uses of runoff are employed, such as for toilet flushing, laundry, or irrigation or storage on green roofs where an equivalent portion of the runoff is captured permanently by rooftop vegetation, such alternate use shall be given equal credit toward the infiltration volume required by this section.
f. Groundwater standards.
- Infiltration systems designed in accordance with this section shall, to the extent technically and economically feasible, minimize the level of pollutants infiltrating to groundwater and shall maintain compliance with the preventive action limit at a point of standards application in accordance with Wis. Admin. Code ch. NR 140. However, if site specific information indicates that compliance with a preventive action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable.
2. Notwithstanding Subsection (d)(3)a of this section, the discharge from BMPs shall remain below the enforcement standard at the point of standards application.
g. Pretreatment. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with Subsection (d)(3)f of this section. Pretreatment options may include, but are not limited to, oil and grease separation, sedimentation, biofiltration, filtration, swales or filter strips.
h. Maximum extent practicable. Where the conditions of Subsection (d)(3)c and d of this section, limit or restrict the use of infiltration practices, the performance standard of Subsection (d)(3) of this section shall be met to the maximum extent practicable.
4Protective areas.
a. Definition. In this section, the term "protective area" means an area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface. However, in this section, the term "protective area" does not include any area of land adjacent to any stream enclosed within a pipe or culvert, so that runoff cannot enter the enclosure at this location.
1. For outstanding resource waters and exceptional resource waters, 75 feet.
2. For perennial and intermittent streams identified on a U.S. Geological Survey 7.5-minute series topographic map, or a county soil survey map, whichever is more current, 50 feet.
3. For lakes, 50 feet.
4. For wetlands not subject to Subsections (d)(3)e or (3)f of this section, 50 feet.
5. For highly susceptible wetlands, 75 feet. Highly susceptible wetlands include the following types: calcareous fens, sedge meadows, open and coniferous bogs, low prairies, coniferous swamps, lowland hardwood.
6. Swamps, and ephemeral ponds.
7. For less susceptible wetlands, ten percent of the average wetland width, but no less than ten feet nor more than 30 feet. Less susceptible wetlands include: degraded wetland dominated by invasive species such as reed canary grass; cultivated hydric soils; and any gravel pits, or dredged material or fill material disposal sites that take on the attributes of a wetland.
8. In Subsections (d)(3)d to (3)f of this section, determinations of the extent of the protective area adjacent to wetlands shall be made on the basis of the sensitivity and runoff susceptibility of the wetland in accordance with the standards and criteria in § NR 103.03.
9. Wetland boundary delineation shall be made in accordance with § NR 103.08(1m). This subsection does not apply to wetlands that have been completely filled in compliance with all applicable state and federal regulations. The protective area for wetlands that have been partially filled in compliance with all applicable state and federal regulations shall be measured from the wetland boundary delineation after a fill has been placed. Where there is a legally authorized wetland fill, the protective area standard need not be met in that location.
10. For concentrated flow channels with drainage areas greater than 130 acres, ten feet.
11. Notwithstanding Subsections (4)a to (4)i of this section, the greatest protective area width shall apply where rivers, streams, lakes and wetlands are contiguous.
b. Applicability. This section applies to post-construction sites located within a protective area, except those areas exempted pursuant to Subsection (4) of this section.
c. Requirements. The following requirements shall be met:
1. Impervious surfaces shall be kept out of the protective area entirely or to the maximum extent practicable. If there is no practical alternative to locating an impervious surface in the protective area, the stormwater management plan shall contain a written, site-specific explanation.
2. Where land disturbing construction activity occurs within a protective area, adequate sod or self-sustaining vegetative cover of 70 percent or greater shall be established and maintained where no impervious surface is present. The adequate sod or self-sustaining vegetative cover shall be sufficient to provide for bank stability, maintenance of fish habitat, and filtering of pollutants from upslope overland flow areas under sheet flow conditions. Non-vegetative materials, such as rock riprap, may be employed on the bank as necessary to prevent erosion such as on steep slopes or where high velocity flows occur.
3. BMPs such as filter strips, swales, or wet detention ponds, that are designed to control pollutants from non-point sources, may be located in the protective area.
d. Exemptions. This section does not apply to any of the following:
1. Except as provided under Section 32-103(d)(3), redevelopment post-construction sites.
2. In-fill development areas less than five acres.
3. Structures that cross or access surface water such as boat landings, bridges, and culverts.
4. Structures constructed in accordance with Wis. Stats. § 59.692(1v).
5. Areas of post-construction sites from which the runoff does not enter the surface water, including wetlands, without first being treated by a BMP to meet the local ordinance requirements for total suspended solids and peak flow reduction, except to the extent that vegetative ground cover is necessary to maintain bank stability.
5Fueling and maintenance areas. Fueling and vehicle maintenance areas shall have BMPs designed, installed, and maintained to reduce petroleum within runoff, so that the runoff that enters waters of the state contains no visible petroleum sheen, or to the maximum extent practicable.
eGeneral considerations for stormwater management measures. The following considerations shall be observed in on-site and off-site runoff management:
1Natural topography and land cover features such as natural swales, natural depressions, native soil infiltrating capacity, and natural groundwater recharge areas shall be preserved and used, to the extent possible, to meet the requirements of this section.
2Emergency overland flow for all stormwater facilities shall be provided to prevent exceeding the safe capacity of downstream drainage facilities and prevent endangerment of downstream property or public safety.
fBMP location.
1To comply with the performance standards required under Section 32-103, BMPs may be located on-site or off-site as part of a regional stormwater device, practice or system, but shall be installed in accordance with Wis. Admin. Code § NR 151.003.
2The Director may approve off-site management measures provided that all of the following conditions are met:
a. The Director determines that the post-construction runoff is covered by a stormwater management system plan that is approved by the City of Janesville and that contains management requirements consistent with the purpose and intent of this article.
b. The off-site facility meets all of the following conditions:
1. The facility is in place.
2. The facility is designed and adequately sized to provide a level of stormwater control equal to or greater than that which would be afforded by on-site practices meeting the performance standards of this article.
3. The facility has a legally obligated entity responsible for its long-term operation and maintenance.
3Where a regional treatment option exists such that the Director exempts the applicant from all or part of the minimum on-site stormwater management requirements, the applicant may be required to pay a fee in an amount determined in negotiation with the Director. In determining the fee for post-construction runoff, the Director shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the regional treatment option.
gAdditional requirements. The Director may establish stormwater management requirements more stringent than those set forth in this article if the Director determines that the requirements are needed to control stormwater quantity or control flooding, comply with federally approved total maximum daily load requirements, or control pollutants associated with existing development or redevelopment.
(Code 1976, § 15.06.070) :::
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Sec. 32-104. Permitting requirements, procedures and fees.
aPermit required. No responsible party may undertake a land disturbing construction activity without receiving a post-construction runoff permit from the Director prior to commencing the proposed activity.
bPermit application and fees. Unless specifically excluded by this chapter, any responsible party desiring a permit shall submit to the Director a permit application on a form provided by the Director for that purpose.
1Unless otherwise excluded by this article, a permit application must be accompanied by a stormwater management plan, a maintenance agreement and a non-refundable permit administration fee.
2The stormwater management plan shall be prepared to meet the requirements of Sections 32-103 and 32-105, the maintenance agreement shall be prepared to meet the requirements of Section 32-106, the financial guarantee shall meet the requirements of Section 32-107, and fees shall be those as set forth in Section 32-108.
cPermit application review and approval. The Director shall review any permit application that is submitted with a stormwater management plan, maintenance agreement, and the required fee. The following approval procedure shall be used:
1Within 15 business days of the receipt of a complete permit application, including all items as required by Subsection (b)(2) of this section, the Director shall inform the applicant whether the application, stormwater management plan and maintenance agreement are approved or disapproved based on the requirements of this article.
2If the stormwater permit application, stormwater management plan and maintenance agreement are approved, or if an agreed upon payment of fees in lieu of stormwater management practices is made, the Director shall issue the permit.
3If the stormwater permit application, stormwater management plan or maintenance agreement is disapproved, the Director shall detail in writing the reasons for disapproval.
4The Director may request additional information from the applicant. If additional information is submitted, the Director shall have 15 business days from the date the additional information is received to inform the applicant that the stormwater management plan and maintenance agreement are either approved or disapproved.
5Failure by the Director to inform the permit applicant of a decision within 15 business days of a required submittal shall be deemed to mean approval of the submittal and the applicant may proceed as if a permit had been issued.
dPermit requirements. All permits issued under this article shall be subject to the following conditions, and holders of permits issued under this article shall be deemed to have accepted these conditions. The Director may suspend or revoke a permit for violation of a permit condition, following written notification of the responsible party. An action by the Director to suspend or revoke this permit may be appealed in accordance with Section 32-117.
1Compliance with this permit does not relieve the responsible party of the responsibility to comply with other applicable federal, state, and local laws and regulations.
2The responsible party shall design and install all structural and non-structural stormwater management measures in accordance with the approved stormwater management plan and this permit.
3The responsible party shall notify the Director at least two business days before commencing any work in conjunction with the stormwater management plan, and within two business days upon completion of the stormwater management practices. If required as a special condition under Subsection (e) of this section, the responsible party shall make additional notification according to a schedule set forth by the Director so that practice installations can be inspected during construction.
4Practice installations required as part of this chapter shall be certified as built or record drawings by the responsible party. Completed stormwater management practices must pass a final inspection by the Director or its designee to determine if they are in accordance with the approved stormwater management plan and chapter. The Director shall notify the responsible party in writing of any changes required in such practices to bring them into compliance with the conditions of this permit.
5The responsible party shall notify the Director of any significant modifications it intends to make to an approved stormwater management plan. The Director may require that the proposed modifications be submitted to it for approval prior to incorporation into the stormwater management plan and execution by the responsible party.
6The responsible party shall maintain all stormwater management practices in accordance with the stormwater management plan until the practices are transferred to subsequent owners as specified in the approved maintenance agreement.
7The responsible party authorizes the Director to perform any work or operations necessary to bring stormwater management measures into conformance with the approved stormwater management plan, and consents to a special assessment or charge against the property as authorized under Wis. Stats. ch. 66, subch. VII, or to charging such costs against the financial guarantee posted under Section 32-107.
8If so directed by the Director, the responsible party shall repair at the responsible party's own expense all damage to adjoining municipal facilities and drainage ways caused by runoff, where such damage is caused by activities that are not in compliance with the approved stormwater management plan.
9The responsible party shall permit property access to the Director for the purpose of inspecting the property for compliance with the approved stormwater management plan and this permit.
10Where site development or redevelopment involves changes in direction, increases in peak rate and/or total volume of runoff from a site, the Director may require the responsible party to make appropriate legal arrangements with affected property owners concerning the prevention of endangerment to property or public safety.
11The responsible party is subject to the enforcement actions and penalties detailed in Section 32-109, if the responsible party fails to comply with the terms of this permit.
ePermit conditions. Permits issued under this subsection may include conditions established by Director in addition to the requirements needed to meet the performance standards in Section 32-103 or a financial guarantee as provided for in Section 32-107.
fPermit duration. Permits issued under this section shall be valid from the date of issuance through the date the Director notifies the responsible party that all stormwater management practices have passed the final inspection required under Subsection (d)(4) of this section.
(Code 1976, § 15.06.080) :::
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Sec. 32-105. Stormwater management plan.
aStormwater management plan requirements. The stormwater management plan required under this section contain at a minimum the following information:
1Name, address, and telephone number for the following or their designees: landowner; developer; project engineer for practice design and certification; person responsible for installation of stormwater management practices; and person responsible for maintenance of stormwater management practices prior to the transfer, if any, of maintenance responsibility to another party.
2A proper legal description of the property proposed to be developed, referenced to the U.S. Public Land Survey System or to block and lot numbers within a recorded land subdivision plat.
3Pre-development site conditions, including:
a. One or more site maps at a scale of not less than one inch equals 100 feet. The site maps shall show the following: site location and legal property description; predominant soil types and hydrologic soil groups; existing cover type and condition; topographic contours of the site at an interval not to exceed two feet; topography and drainage network including enough of the contiguous properties to show runoff patterns onto, through, and from the site; watercourses that may affect or be affected by runoff from the site; flow path and direction for all stormwater conveyance sections; watershed boundaries used in hydrology determinations to show compliance with performance standards; lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site; limits of the 100 year floodplain; location of wells and wellhead protection areas covering the project area and delineated pursuant to Wis. Admin. Code § NR 811.16.
b. Hydrology and pollutant loading computations as needed to show compliance with performance standards. All major assumptions used in developing input parameters shall be clearly stated. The geographic areas used in making the calculations shall be clearly cross-referenced to the required map.
4Post-development site conditions, including:
a. Explanation of the provisions to preserve and use natural topography and land cover features to minimize changes in peak flow runoff rates and volumes to surface waters and wetlands.
b. Explanation of any restrictions on stormwater management measures in the development area imposed by wellhead protection plans and ordinances.
c. One or more site maps at a scale of not less than one inch equals 100 feet showing the following: post-construction pervious areas including vegetative cover type and condition; impervious surfaces including all buildings, structures, and pavement; post-construction topographic contours of the site at an interval not to exceed two feet; post-construction drainage network, including enough of the contiguous properties to show runoff patterns onto, through, and from the site; locations and dimensions of drainage easements; locations of maintenance easements specified in the maintenance agreement; flow path and direction for all stormwater conveyance sections; location and type of all stormwater management conveyance and treatment practices, including the on-site and off-site tributary drainage area; location and type of conveyance system that will carry runoff from the drainage and treatment practices to the nearest adequate outlet such as a curbed street, storm drain, or natural drainage way; watershed boundaries used in hydrology and pollutant loading calculations and any changes to lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site.
d. Hydrology and pollutant loading computations as needed to show compliance with performance standards. The computations shall be made for each discharge point in the development, and the geographic areas used in making the calculations shall be clearly cross-referenced to the required map.
e. Results of investigations of soils and groundwater required for the placement and design of stormwater management measures. Detailed drawings including cross-sections and profiles of all permanent stormwater conveyance and treatment practices.
5A description and installation schedule for the stormwater management practices needed to meet the performance standards in Section 32-103.
6A maintenance plan developed for the life of each stormwater management practice including the required maintenance activities and maintenance activity schedule.
7Cost estimates for the construction, operation, and maintenance of each stormwater management practice.
8Other information requested in writing by the Director to determine compliance of the proposed stormwater management measures with the provisions of this article.
9All site investigations, plans, designs, computations, and drawings shall be prepared in accordance with accepted engineering practice and requirements of this article.
bAlternate requirements. The administering authority may prescribe alternative submittal requirements for applicants seeking an exemption to on-site stormwater management performance standards under Section 32-103.
(Code 1976, § 15.06.090) :::
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Sec. 32-106. Maintenance agreement.
aMaintenance agreement required. The maintenance agreement required under Section 32-104(b) for stormwater management practices shall be an agreement between the Director and the responsible party to provide for maintenance of stormwater practices beyond the duration period of this permit. The maintenance agreement shall be filed with the County Register of Deeds as a property deed restriction so that it is binding upon all subsequent owners of the land served by the stormwater management practices.
bAgreement provisions. The maintenance agreement shall contain the following information and provisions and be consistent with the maintenance plan required by Section 32-105(a)(6):
1Identification of the stormwater facilities and designation of the drainage area served by the facilities.
2A schedule for regular maintenance of each aspect of the stormwater management system consistent with the stormwater management plan required under Section 32-104(b).
3Identification of the responsible party, organization or individual responsible for long term maintenance of the stormwater management practices identified in the stormwater management plan required under Section 32-104(b).
4Requirement that the responsible party, organization, or individual shall maintain stormwater management practices in accordance with the schedule included in Subsection (2) of this section.
5Authorization for the Director to access the property to conduct inspections of stormwater management practices as necessary to ascertain that the practices are being maintained and operated in accordance with the agreement.
6A requirement on the Director to inform the responsible party responsible for maintenance of the inspection results, and to specifically indicate any corrective actions required to bring the stormwater management practice into proper working condition.
7Agreement that the party designated under Subsection (3) of this section, as responsible for long-term maintenance of the stormwater management practices, shall be notified by the Director of maintenance problems which require correction. The specified corrective actions shall be undertaken within a reasonable time frame as set by the Director.
8Authorization of the Director to perform the corrected actions identified in the inspection report if the responsible party designated under Subsection (3) of this section does not make the required corrections in the specified time period. The Director shall enter the amount due on the tax rolls and collect the money as a special charge against the property pursuant to Wis. Stats. ch. 66, subch. VII.
(Code 1976, § 15.06.100) :::
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Sec. 32-107. Financial guarantee.
aEstablishment of the guarantee. The Director may require the submittal of a financial guarantee, the form and type of which shall be acceptable to the Director. The financial guarantee shall be in an amount determined by the Director to be the estimated cost of construction and the estimated cost of maintenance of the stormwater management practices during the period which the designated party in the maintenance agreement has maintenance responsibility. The financial guarantee shall give the Director the authorization to use the funds to complete the stormwater management practices if the responsible party defaults or does not properly implement the approved stormwater management plan, upon written notice to the responsible party by the Director that the requirements of this article have not been met.
bConditions for release. Conditions for the release of the financial guarantee are as follows:
1The Director shall release the portion of the financial guarantee established under this section, less any costs incurred by the Director to complete installation of practices, upon submission of as-built plans or record drawings by a licensed professional engineer. The Director may make provisions for a partial pro-rata release of the financial guarantee based on the completion of various development stages.
2The Director shall release the portion of the financial guarantee established under this section to ensure maintenance of stormwater practices, less any costs incurred by the Director, at such time that the responsibility for practice maintenance is passed on to another entity via an approved maintenance agreement.
(Code 1976, § 15.06.110) :::
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Sec. 32-108. Fee schedule.
The fees referred to in other sections of this chapter shall be established by the City Manager and may from time to time be modified, and the City Council shall be advised of the rates. A schedule of the fees established by the City Manager shall be available for review in the Director's Office.
(Code 1976, § 15.06.120) :::
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Sec. 32-109. Enforcement.
aAny land disturbing construction activity or post-construction runoff initiated after the effective date of the ordinance from which this article is derived by any person, firm, association, or corporation subject to the ordinance provisions shall be deemed a violation unless conducted in accordance with the requirements of this article.
bThe Director shall notify the responsible party by in writing of any non-complying land disturbing construction activity or post-construction runoff. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action which may be taken.
cUpon receipt of written notification from the Director under Subsection (b) of this section, the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Director in the notice.
dIf the violations to a permit issued pursuant to this article are likely to result in damage to properties, public facilities, or waters of the state, the Director may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the Director plus interest and legal costs shall be billed to the responsible party.
eThe Director is authorized to post a stop-work order on all land disturbing construction activity that is in violation of this article, or to request the City Attorney to obtain a cease and desist order in any court with jurisdiction.
fThe Director may revoke a permit issued under this chapter for noncompliance with ordinance provisions.
gAny permit revocation, stop-work order, or cease and desist order shall remain in effect unless retracted by the Director or by a court with jurisdiction.
hThe Director is authorized to refer any violation of this chapter, or a stop-work order or cease and desist order issued pursuant to this chapter, to the City Attorney for the commencement of further legal proceedings in any court with jurisdiction.
iAny person, firm, association, or corporation who does not comply with the provisions of this article shall be subject to the relief, enforcement, and penalties set forth in Article VII of Chapter 10, as from time to time amended, revised, or renumbered. Each day a violation exists shall constitute a separate offense. Also incorporated herein as if fully set forth verbatim as additional relief are the provisions set forth in Wis. Stats. § 62.23(8), as from time to time amended, revised, or renumbered.
jCompliance with the provisions of this article may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.
kWhen the Director determines that the holder of a permit issued pursuant to this article has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the Director, or a party designated by the Director may enter upon the land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved stormwater management plan. The Director shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to this subsection. Where such a security has not been established, or where such a security is insufficient to cover these costs, the costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.
(Code 1976, § 15.06.130) :::
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Sec. 32-110. Appeals.
aBoard of appeals. The City Plan Commission shall serve as the Board of Appeals. The Board of Appeals:
1Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Director in administering this chapter except for cease and desist orders obtained under Section 32-109(e);
2May authorize, upon appeal, variances from the provisions of this article which are not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of the chapter will result in unnecessary hardship; and
3Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
bWho may appeal. Appeals to the board of appeals may be taken by any aggrieved person or by any office, department, or board of the City of Janesville affected by any decision of the Director.
(Code 1976, § 15.06.140) :::
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Sec. 32-111. Severability.
If a court of competent jurisdiction judges any section, clause, provision or portion of this chapter unconstitutional or invalid, the remainder of the chapter shall remain in force and not be affected by such judgment.
(Code 1976, § 15.06.150) :::
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Chapter 34 STREETS AND SIDEWALKS14
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ARTICLE I. IN GENERAL
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Secs. 34-1---34-18. Reserved.
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ARTICLE II. STREET CONSTRUCTION AND IMPROVEMENTS
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Sec. 34-19. Construction plans and specifications.
Plans and specifications for street construction shall be prepared by the City Engineer or designee.
(Code 1976, § 12.04.010) :::
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Sec. 34-20. Installation of services before pavement, generally.
The Council orders that, in case the Council declares its intention to improve any street by paving with a permanent paving, including, without limitation, concrete, or asphalt, then prior to the installation of such paving water, power and gas service pipes shall be first laid in the street, to be so improved from the water, sewer, and gas service mains in the street to the point of the water or gas shutoff back of the curb, as such point is established by the plumbing inspector on both sides of the street except at street and alley crossings.
(Code 1976, § 12.04.020)
State law reference(s)---Laterals and service pipes, generally, Wis. Stats. § 66.0911. :::
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Sec. 34-21. Service pipes; plans and specifications.
Such service pipes, as referred to in Section 34-20, shall be laid at such intervals along the part of the street to be improved as may be determined by the Council either by a formula or rule adopted prior to such installation, or at such locations as may be adopted by reference to a drawing, plan or plat showing the proposed location of such service pipes.
(Code 1976, § 12.04.030) :::
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Sec. 34-22. Installation of services before pavement; cost.
Such work, as referred to in Sections 34-20 and 34-21, may be done and the cost of such work shall be charged to abutting property owners as set forth in Wis. Stats. §§ 62.16(2) and 66.0911, and/or other applicable statutes.
(Code 1976, § 12.04.040) :::
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Sec. 34-23. Laying of gas mains.
All gas mains shall be laid to the line and grade as determined by the City Engineer.
(Code 1976, § 12.04.050) :::
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Sec. 34-24. Violation; penalty.
Any person who violates any of the provisions of this article, or any section herein referred to for which a specific penalty may not be provided, shall forfeit and pay to the City a penalty not exceeding $100.00, together with the costs of prosecution for each offense, and each day during which such violation continues shall be deemed a separate offense, and in default of payment of such penalty, any violator shall be imprisoned in the county jail not to exceed 30 days.
(Code 1976, § 12.04.060) :::
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Secs. 34-25---34-51. Reserved.
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ARTICLE III. CONSTRUCTION AND MAINTENANCE
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Sec. 34-52. State regulations adopted.
Wis. Stats. § 66.0907, relating to the construction and maintenance of sidewalks, is adopted by reference.
(Code 1976, § 12.08.010; Ord. No. 75-472, § 7, 1975) :::
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Sec. 34-53. Construction conformance.
Sidewalks in the City must be constructed in conformity with plans and specifications adopted by the committee of public works which are on file in the City Engineer's office.
(Code 1976, § 12.08.020) :::
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Sec. 34-54. Line and grade specifications.
All sidewalks shall be constructed to the line and grade as furnished by the City Engineer.
(Code 1976, § 12.08.030) :::
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Sec. 34-55. Owner may construct sidewalk when.
Any owner of property fronting on any street for which a grade has been established may construct a sidewalk in front of such property, provided such sidewalk is built in conformity with the provisions of this article.
(Code 1976, § 12.08.040) :::
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Sec. 34-56. Nonconforming sidewalks prohibited.
No sidewalk which is constructed contrary to the provisions of this article shall be considered a legal sidewalk, and the same may be ordered to be replaced with a legal sidewalk, and with a sidewalk in conformity with this article, the same as if no sidewalk whatever had been built or constructed in the place where any such sidewalk is located.
(Code 1976, § 12.08.050) :::
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Sec. 34-57. Interference with grade.
No person shall raise or lower the surface of any sidewalk or crosswalk above or below the established grade for the same.
(Code 1976, § 12.08.060) :::
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Sec. 34-58. Defacing or injuring sidewalks forbidden.
No person shall break, mar, or otherwise injure any sidewalk other than for the purpose of repairing or removing the same.
(Code 1976, § 12.08.070) :::
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Sec. 34-59. Snow and ice removal.
Every occupant of a lot, and every owner of an unoccupied lot having a sidewalk in front of the same shall keep such walk and the nearest one-half part of crosswalks connecting therewith free from snow and ice; provided, however, that a period of 12 hours shall be allowed after each snowstorm for the removal of snow which fell during such storm.
(Code 1976, § 12.08.080)
State law reference(s)---Removal of snow and ice from sidewalks, Wis. Stats. § 66.0907(5). :::
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Sec. 34-60. Merchandise or personal property on sidewalks forbidden.
Unless expressly authorized to do so by the Council, no person shall use the sidewalk, or any part thereof, for the display of merchandise, or the storage of any merchandise or other personal property. The only exception to this provision, is that storage of merchandise or other personal property shall be allowed, provided that it meets all of the below enumerated conditions. The following exception to the above prohibition shall apply, notwithstanding Article VI of Chapter 12 or herein to the contrary:
1The property is located in the B5 (Central Business) and B6 (Central Service) zoning districts in the City.
2No person shall obstruct or impede the pedestrian right-of-way of any paved public sidewalk with any merchandise or personal property, except as provided herein. Merchandise shall be located adjoining the building it is marketed from and shall not encroach more than 30 inches from the building facade and in all cases, the unobstructed sidewalk area must be a minimum of five contiguous feet in width and comply with ADA requirements, as from time to time amended.
3Displayed merchandise shall be consistent to that sold within the business and shall not include food or beverage items.
4Displayed merchandise or personal property must be removed each day following the close of business, but in no event shall the merchandise be permitted outdoors between the hours of 6:00 p.m. and 7:00 a.m. nightly.
5Displaying merchandise or personal property on a paved sidewalk shall constitute express permission of the property and/or business owner for the City to take corrective, remedial and removal action. The City may also prosecute violations of this article and seek injunctive relief, from time to time and at any time.
6The cost of such correction, remediation, and/or removal shall be paid by the owner.
7The property and business owners are jointly and severally liable for any and all injury to any person or property directly and/or indirectly caused by their joint or several negligence and/or activities occurring on the paved sidewalk under this article.
(Code 1976, § 12.08.090) :::
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Sec. 34-61. Canopies, marquees and awnings over sidewalks.
Any person owning or occupying a building or part of a building for business purposes may place over the sidewalk in front of such business a canopy, marquee or awing which complies with the regulations of Section 10-27 (Canopies and marquees and awnings) and any other applicable provisions of the code.
(Code 1976, § 12.08.100; Ord. No. 82-307, § 2, 1982) :::
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Sec. 34-62. Openings in sidewalks.
aNo occupant of premises having any manhole, cellar door or other opening in any sidewalk in front of such premises shall allow any such opening to remain open during the nighttime or during the daytime without placing such barriers about the same as will prevent persons from stepping or falling into the same, or suffer any such door, grating or manhole to be in an insecure or unsafe condition at any time.
bThe use of open grating over openings in sidewalks is prohibited, and all such openings shall have solid covers.
(Code 1976, § 12.08.110) :::
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Sec. 34-63. Violation; penalty.
Any person who violates any of the provisions of this article, or any section herein referred to for which a specific penalty may not be provided, shall forfeit and pay to the City a penalty not exceeding $100.00, together with the costs of prosecution for each offense, and each day during which any such violation continues shall be deemed a separate offense, and in default of payment of such penalty, any violator shall be imprisoned in the county jail not to exceed 30 days.
(Code 1976, § 12.08.120) :::
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Secs. 34-64---34-84. Reserved.
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ARTICLE IV. CURBS AND GUTTERS
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Sec. 34-85. Construction of curb openings; permit required.
No person shall break, cut, open, alter or destroy any curb, curb stone, or curb and gutter along any street of the City or construct, enlarge, or relocate any driveway or curb opening unless a permit has been issued for such work by the Building Inspector.
(Code 1976, § 12.12.010; Ord. No. 82-295, § 1(part), 1982) :::
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Sec. 34-86. Construction of curb or curb and gutter by property owner.
Construction of curb or curb and gutter along any street of the City by the abutting property owner is prohibited unless such construction is authorized by a permit issued pursuant to Section 34-85, required by Section 34-92 or 34-93 or specifically authorized by the City Engineer.
(Code 1976, § 12.12.020; Ord. No. 82-295, § 1(part), 1982) :::
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Sec. 34-87. Construction to conform to City plans and specifications.
Any construction of a curb opening for which a permit has been issued and any construction of curb or curb and gutter which has been required by ordinance or authorized by the City Engineer shall be subject to and shall conform to the plans and specifications prescribed by the City Engineer and placed on file in the office of the City Engineer. Such plans and specifications may be modified from time to time as the City Engineer deems necessary. Such construction shall be performed and completed to the satisfaction of the City, as determined by the City Engineer.
(Code 1976, § 12.12.030; Ord. No. 82-295, § 1(part), 1982) :::
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Sec. 34-88. Curb opening; application for permit; fee.
aAll applications for a permit required by Section 34-85 shall be filed in the Building Inspection Department. Such application shall be on forms available at the office of the Building Inspection Department and shall be furnished upon request.
bA fee shall be charged for each curb opening permit issued. The permit fee shall be in an amount as established by the Mayor and City Council from time to time, and as set out in the fee schedule that appears in this Code.
(Code 1976, § 12.12.040) :::
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Sec. 34-89. Curb opening; standards for approval.
aA person who owns land which abuts a public street has a right of access to such street, subject to the following restrictions:
1Driveway openings shall be located at least 40 feet from a block corner with the exception of single-family and two-family driveway openings which shall be located at least 25 feet from a block corner.
2The maximum driveway openings for single- and two-family residences shall be no greater than 24 feet at the sidewalk line and 30 feet at the curb. For single-family or two-family residences which have garages that accommodate two or more cars and that have direct access to a public street, the building official may increase the maximum driveway width to 30 feet at the sidewalk line and 36 feet at the curb. The building official 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. The Chief Building Official 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.
3The maximum driveway opening for all uses other than single-family or two-family residences shall be 30 feet at the sidewalk line and 36 feet at the curb, unless a greater opening is approved by the Chief Building Official, and the City Engineer, and a permit for such greater opening is issued by the Building Inspector.
4Where a driveway is in joint use with an adjoining property, there shall be at least ten feet of driveway on each parcel.
5No permit shall be issued for a curb opening on undeveloped property until a building permit is applied for and, when required, a site plan is submitted and approved.
6To the extent possible, a curb opening shall be located so that vehicles approaching or using it will have adequate sight distance in both directions along the street.
7For any use which must be reviewed by the Chief Building Official, no permit for a curb opening shall be issued until after such review has been completed and the location of the curb opening are approved.
8The number of curb openings permitted serving a single property frontage along the street shall be the minimum deemed necessary by the Building Inspector and the City Engineer or by the Chief Building Official for reasonable service to the property without undue impairment of safety, convenience, and utility of the street.
9A new curb opening, or any additional or enlarged curb opening, shall not be approved if it reduces the amount of the parking space in the area so as to create or increase parking problems, or if it impairs, endangers, inhibits, or impedes the safe and orderly flow of vehicular or pedestrian traffic.
10Where property abuts more than one street, the Building Inspector and the City Engineer or the Chief Building Official may designate the street to which the property owner shall be entitled to access. Such designation of access to one street and prohibition of access to another street is permitted if, in the opinion of the Building Inspector and City Engineer or the Chief Building Official, access to one or more of the abutting streets would interfere with the safe and orderly flow of vehicular or pedestrian traffic or cause a hazardous situation for movement in and out of the abutting property or for movement upon the street.
bUpon approval of the application for a permit for curb opening, such permit shall be issued by the Building Inspector.
(Code 1976, § 12.12.050; Ord. No. 2021-814, 2-22-2021) :::
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Sec. 34-90. Curb opening; subject to State Highway Department.
In the case of state highways, where curb openings, driveways and access rights are controlled, regulated or limited by the State Highway Department, no curb opening permit shall be issued without prior approval of the State Highway Department.
(Code 1976, § 12.12.060; Ord. No. 82-295, § 1(part), 1982) :::
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Sec. 34-91. Replacement of existing driveway.
No permit is required where an existing driveway is replaced at the same location, at the same size, and at the same grade.
(Code 1976, § 12.12.070; Ord. No. 82-295, § 1(part), 1982) :::
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Sec. 34-92. Relocation of curb opening; replacement of curb and gutter.
When application is made for the relocation of a curb opening, the property owner shall replace the curb and gutter, and sidewalk if necessary, in its original location and at his or her own expense within 30 days of relocation of the curb opening. Approval of the curb opening at the new location shall be conditioned upon such replacement.
(Code 1976, § 12.12.080; Ord. No. 82-295, § 1(part), 1982) :::
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Sec. 34-93. Abandonment of curb opening; replacement of curb and gutter.
aWhenever an existing curb opening is abandoned or when the need for a curb opening or for a larger than usual curb opening no longer exists, the property owner shall replace the curb and gutter, and the sidewalk if necessary, at his or her own expense within three months of the abandonment or within three months of the time at which the curb opening is no longer needed.
bThe Building Inspector shall determine whether a curb opening has been abandoned or whether the need for the curb opening no longer exists. If the Building Inspector determines that abandonment has occurred or that the need for the curb opening no longer exists, the Building Inspector shall notify the owner of the property in writing that the curb and gutter, and the sidewalk if necessary, must be replaced.
cIf a change is made in the use of the property for which a permit was issued for an additional curb opening or for a larger than usual curb opening, the Building Inspector shall determine whether the need for such additional curb opening or enlarged curb opening continues to exist under the new use. If it does not, the Building Inspector shall notify the owner or the property, as required in Subsection (b) of this section, that the curb and gutter, and the sidewalk if necessary, must be replaced within 90 days of such notice.
(Code 1976, § 12.12.090; Ord. No. 82-295, § 1(part), 1982) :::
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Sec. 34-94. Replacement of curb by City.
In case the property owner does not complete the replacement of curb and gutter, and the sidewalk if necessary, as required in Section 34-93, the City may do the required replacement work and charge the cost thereof against the property involved. If the costs are not paid by the property owner, such costs shall be a lien on the property against which it is levied on behalf of the municipality and shall be extended upon the current or next tax roll as a delinquent tax against the property.
(Code 1976, § 12.12.100; Ord. No. 82-295, § 1(part), 1982) :::
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Sec. 34-95. Appeals.
Any person aggrieved by or any officer or department of the City affected by a decision made pursuant to this article may appeal such decision to the Zoning Board of Appeals after paying the related fee, pursuant to the provisions of Section 42-70.
(Code 1976, § 12.12.110; Ord. No. 82-295, § 1(part), 1982) :::
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Sec. 34-96. Definition.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Building Inspector includes the Building Inspector or authorized representative.
City Engineer includes the City Engineer or authorized representative.
Street includes any public street, highway, road, roadway, or alley within the City.
(Code 1976, § 12.12.120; Ord. No. 82-295, § 1(part), 1982) :::
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Sec. 34-97. Violation; penalty.
Any person who violates any of the provisions of this article shall forfeit and pay to the City a penalty not less than $50.00 nor more than $200.00, together with the costs of prosecution, and in default of payment of such penalty, any violator shall be imprisoned in the county jail not to exceed 30 days. Each day during which such violation continues shall be deemed a separate offense.
(Code 1976, § 12.12.130; Ord. No. 82-295, § 1(part), 1982) :::
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Secs. 34-98---34-122. Reserved.
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ARTICLE V. EXCAVATIONS IN CITY PROPERTY AND RIGHTS-OF-WAY, AND CERTAIN PROPERTY EXCAVATION REGULATIONS
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Sec. 34-123. Purpose and findings.
aIn the exercise of governmental functions the City has priority over all other uses of the public rights-of-way. The City desires to anticipate and minimize the number of obstructions and excavations taking place therein and to regulate the placement of facilities in the rights-of-way to ensure that the rights-of-way remain available for public services and safe for public use. The taxpayers of the City bear the financial burden for the upkeep of the rights-of-way and a primary cause for the early and excessive deterioration of its rights-of-way is the frequent excavation by persons who locate facilities therein.
bThe City finds increased use of the public rights-of-way and increased costs to the taxpayers of the City and that these costs are likely to continue into the foreseeable future.
cThe City finds that occupancy and excavation of its property and rights-of-way causes costs to be borne by the City and its taxpayers, including, but not limited to:
1Administrative costs associated with public right-of-way projects such as registration, permitting, inspection and supervision, supplies and materials.
2Management costs associated with ongoing management activities necessitated by public users.
3Repair or restoration costs to the public property and/or right-of-way associated with the actual excavation.
4Degradation costs defined as depreciation caused to the public property and/or rights-of-way in terms of decreased useful life, directly and/or indirectly arising or resulting from such excavations and related activities thereon.
dIn response to the foregoing facts, the City hereby enacts this article relating to administration of and permits to temporarily excavate, obstruct and/or occupy public property and/or the public rights-of-way. This article imposes reasonable regulations on the placement and maintenance of equipment currently within its public property and/or rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies.
eThe further purpose of this article is to provide the City a legal, uniform and reasonable framework within which to regulate, manage, inspect, properly maintain, engineer and regulate excavations, repairs, restorations and related effects and aftereffects of and into the City's public properties and rights-of-way, and to provide for recovery of the reasonable associated costs, fees and expenses incurred in doing so.
fThis article provides for the health, safety and welfare of the residents of the City as they use public properties and the rights-of-way of the City, as well as to ensure the structural integrity of public property and the public rights-of-way.
(Code 1976, § 12.16.010) :::
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Sec. 34-124. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Defined terms remain defined terms whether or not capitalized.
Applicant means any person requesting permission to excavate, cut into, bore into, obstruct and/or occupy public property and/or a public right-of-way.
City means the City of Janesville, a Wisconsin municipal corporation located in the County of Rock.
Degradation means the decrease in the useful life of the public property and/or improved or paved portion of a right-of-way, excluding the sidewalk right-of-way, caused by an excavation of the public property or right-of-way, resulting in the need to reconstruct such property and/or right-of-way earlier than would be required if the excavation did not occur.
Department means the Engineering Division of the City.
Emergency means a condition that poses a clear and immediate danger to life or health, or of a significant loss of property, or requires immediate repair or replacement in order to restore service to a customer.
Engineer means the City Engineer and/or his or her designee.
Excavate and/or excavation means to dig, cut, bore into, remove, physically disturb, penetrate and/or in any manner affect the existing condition of any City property, right-of-way or other land included in this article.
Facilities means all equipment owned, operated, leased or subleased in connection with the operation of a service or utility service, and shall include, but is not limited to, poles, wires, pipes, cables, underground conduits, ducts, manholes, vaults, fiber optic cables, lines and other structures and appurtenances.
In, when used in conjunction with the terms "public property" and/or "right-of-way," means upon, over, above, within, on or under such public property and/or right-of-way.
Local representative means a local person, or designee of such persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this article.
Obstruct means to place any object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way.
Permittee means any person to whom a permit to occupy, excavate or obstruct public property and/or right-of-way has been granted by the City under this section.
Person means corporation, company, association, firm, partnership, limited liability company, limited liability partnership, joint venture, association, organization and individuals and their lessors, transferees, receivers, heirs, personal representatives, agents and all others acting on their behalf.
Property means the surface and space above and below an improved or unimproved part or whole of any and all City-owned or -leased real property, including, but not limited to, parks, vacant lots, open spaces, developed lands, green belts, parking lots, streets, sidewalks, terraces, rights-of-way, curbs, gutters, alleys, bicycle ways, bike trails, paths, beaches, river banks, easements, drainageways, and other lands.
Public utility has the meaning provided in Wis. Stats. § 196.01(5), as from time to time amended or renumbered.
Repair means to perform construction work necessary to make the public property and/or right-of-way useable for appropriate and safe use and, if a right-of-way, in accord with the written and/or verbal requirements, specifications, rules and regulations of the City and/or as promulgated from time to time by the City Engineer; and/or, as applicable, to restore equipment to an operable and appropriate condition.
Restore or restoration means that process by which an excavated public property and/or right-of-way and surrounding area, including pavement and foundation, is reconstructed in accord with the written and/or verbal requirements, specifications, rules and regulations of the City and/or as promulgated from time to time by the City Engineer.
Right-of-way means the surface and space above and below an improved or unimproved public roadway, highway, street, bicycle lane and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes.
Site means the specific geographic location for a proposed excavation accurately diagrammed and exactly described with particularity by the applicant in an application.
(Code 1976, § 12.16.020) :::
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Sec. 34-125. Prohibition; excavation permit required.
aNo cut, excavation, or service connection shall be made by any person in any City property unless a permit therefor is applied for, the fee paid for, the permit obtained and held issued by the City under this article and then only in strict accord with all provisions and requirements of this article.
bNo person shall undertake to perform the work of making any connection with or repair of any gas pipe, water pipe, sewer, communication, cable, or electric line or facility laid or constructed in any street or public ground, or to repair or remove any such item without having obtained a license authorizing him or her to do such work. No annual license fee is required but individual permits and permit fees for each excavation are required.
cEvery cut, excavation and service connection in any City property that is not a right-of-way shall also require, in addition to the permit, payment of fees and fulfillment of other requirements set forth in this article, separate permission, lease and/or easement from the City Council and/or City Administration, as applicable. Such additional permission is discretionary with the City Council and/or City Administration, is not a matter of right regardless of whether a permit has been applied for and/or issued under this article, and may be denied or withheld without cause. Compliance with this article does not take the place of such additional required permission.
(Code 1976, § 12.16.030) :::
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Sec. 34-126. Application for permit.
aAn application for an excavation permit shall be made to the City Engineer or designee prior to any excavation.
bPermit applications shall contain and will be considered complete only upon compliance with each and every one of the following requirements:
1Application form. A fully and accurately completed right-of-way permit application shall be completed by a duly authorized representative of the applicant. The application shall be in such form, content and requirements as the City Engineer or their designee may determine and/or direct from time to time. The application shall contain, but is not limited to:
a. Each applicant's, diggers hotline registration certificate number must be able to be presented upon request.
b. The name, address, e-mail address, and telephone numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of application.
c. A detailed description of the scope and a plan set of the excavation work and repair/restoration proposed.
d. Indemnification language protecting and holding harmless the City and each and every of the City's elected and appointed officials, officers, employees, agents, contractors and representatives from and against any and all injury, payments, penalties and damages arising from any and all intentional and negligent activities of the applicant and the applicant's appointed officials, officers, employees, agents, contractors and representatives.
2The completed permit and drawings determined as established by the City Engineer or their designee shall include all required attachments, drawings showing the location and area of the proposed facilities, and the size of any cut, excavation or service connection, and any necessary traffic control proposed for city streets. The proposed permit plans must accommodate all existing underground facilities within the proposed route.
3Insurance certificate. The applicant shall file a Certificate of Insurance with the City Engineer for preservation by the Clerk Treasurer's office giving evidence of liability insurance in the amounts required from time to time by the City Engineer naming the City and its officials and employees as a co-insureds or additional insureds. The insurance shall cover liability to third parties for the acts of the applicant and applicants officials and employees, agents, contractees, representatives and related others. The insurance shall cover bodily injury and property damage for the individual incidents and aggregates required by the City Engineer. Such insurance shall not be cancelled or reduced without the insurer giving at least ten days prior written notice to the City Engineer. Cancellation or reduction of insurance shall automatically suspend the permit, and no further work shall be done under such permit until a new certificate of insurance complying herewith is filed with the City Engineer. The Certificate of Insurance shall remain in full force and effect for not less than one year from the date of the City's final inspection after completion of the project.
4Bond. A bond in the form of cash or a performance bond issued by a licensed company in Wisconsin shall be deposited or filed with the City Engineer and preserved by the City Clerk-Treasurer prior to the issuance of the permit. The City Engineer or their designee shall determine the minimum dollar amount of the bond based upon the estimated cost to restore the area involved to a condition the same or similar to that prior to the cut and/or excavation. The bond shall be payable to the City upon demand by the City Engineer for any actual or suspected violation of any provision of this article. The City Engineer shall be able to demand payment upon the bond in whole or in part at any time and from time to time. The bond shall be in such further form, content and requirements as the City Engineer and City Attorney may determine necessary and/or desirable to effect the intent of the City Council in this article. The City need not resort to any other remedy or provide any prior notice to the applicant or permittee before making demand upon, seeking resort or receiving payment from the bond. The bond shall remain in full force and effect for one year from the date of the City's final inspection after completion of the project.
5A copy of the applicant's certificate of authority from the Wisconsin Public Service Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said commission or other state or federal agency must be available upon request.
6If the registration is a corporation, an LLC or LLP, a copy of any certificate required to be filed under Wisconsin Statutes as recorded and certified by the Secretary of State must be available upon request.
7Each application shall contain an accurate diagram and description of the project site as it falls within right-of-way.
8Payment. Payment of the permit fees and costs shall be in amounts as established by the City Council from time to time, and as set out in the fee schedule that appears in this Code.
cThe applicant shall keep all of the information listed above current at all times by providing to the City Engineer information as to changes within three working days following the date on which the applicant has knowledge of any change.
dA separate permit must be applied for and held, and a separate fee paid, for each site, excavation, cut and/or project. A separate permit is required for a new or emergency excavation at a previously permitted site if the previous work or excavation ended.
ePermits are not transferable from person to person. Permits are not transferable from place to place.
fA photocopy of each issued City excavation permit shall be conspicuously posted and maintained at the site until the project is completed.
(Code 1976, § 12.16.040) :::
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Sec. 34-127. Fees.
aThe fees shall be calculated by the City, and assessed to and paid to the City by the applicant at the time the written application is filed with the City Engineer.
bPermit fees are not refundable for any reason.
cThe permit fees shall be in addition to any forfeiture provided elsewhere in this article.
(Code 1976, § 12.16.050) :::
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Sec. 34-128. Costs arising from permittee exceeding specifications; substantial projects.
aA permittee exceeding the scope of the project reported in the written application shall fully and forthwith reimburse the City for all additional City costs incurred in addition to the fees otherwise applicable and/or paid for the entire project as established. Such actual costs shall include, but not be limited to, actual salaries and staff time, benefits, overhead, vehicle and equipment costs, copies and inspections.
bSubstantial projects. For applications that provide for a substantial undertaking of excavation within a public right-of-way attended by disruption of the general public and traffic, the City Engineer may assess the actual costs of the City employees' time engaged in review and inspection of the anticipated plans and work, multiplied by a factor determined by the City Engineer to represent the City's actual costs and expenses, benefits, insurance, sick leave, holidays, vacation and similar benefits, overhead and supervision, said factor not to exceed 2.0, plus the costs of mileage, vehicle rental/use attributed to the work, plus all consultant fees associated with the work at the invoiced amount plus ten percent for administration.
(Code 1976, § 12.16.060) :::
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Sec. 34-129. Exemptions.
aThe City and its public works contractors shall not pay fees or post a bond for excavations pertaining to general governmental functions and projects, but shall apply for and hold a permit under this article, and shall comply with all other provisions of this article.
bPlumbers who have applied for, paid the fee for, have been issued and hold a City excavation permit for a particular site under Chapter 10. :::
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Sec. 34-130. Revocations, suspensions, refusals to issue or extend permit.
aThe City Engineer may refuse to issue a permit or may administratively revoke, suspend or refuse to extend an existing permit if it finds any of the following grounds:
1The applicant, permittee or occupant has failed to obtain a permit, failed to pay the full required fee for, and/or has not fully complied with any provisions or requirement of the permit or this article;
2Issuance of a permit for the requested date would interfere with an exhibition, celebration, festival or other event;
3Issuance of a permit would not be in the public's best interest;
4Issuance of the permit would be contrary health, welfare, safety or good order of the public, community or City;
5There is a limitation of space as determined by the City Engineer;
6Misrepresentation of any fact by the applicant, permittee or occupant, or anyone on their behalf;
7Failure of the applicant, permittee or occupant to obtain, maintain or show proof of required bonds and/or insurance;
8Failure of the applicant, permittee or occupant to complete work in a timely or appropriate manner on any current or past excavation project in the City;
9Any current or past violation, breach or nonconformity with any provision of this article by the applicant, permittee or occupant;
10The competing demands for the particular space in the right-of-way or other public property;
11The availability of other locations in the right-of-way or in other public property for the facilities of the permittee or applicant;
12The applicability of ordinances or other regulations of the right-of-way or other public property that affect location of facilities in the right-of-way;
13The excavation is proposed for a street, sidewalk, bike way, alley or other right-of-way or portion thereof newly installed, or recently resurfaced or reconstructed, and the applicant chose not to excavate and/or repair/replace the utility before such new installation, resurfacing or reconstruction activities were completed. No excavation shall be allowed in newly installed or recently repaired or resurfaced public property and/or rights-of-way for five years from completion of such new installation or recent repair or resurfacing. The City Engineer may make exceptions to this rule for extraordinary circumstances and emergencies, but the City Engineer may add special conditions to be accommodated if an exception is granted.
bDiscretionary issuance. The City Engineer may waive a particular requirement and issue a permit where issuance is necessary to prevent substantial economic hardship to a customer of the permittee or applicant, or to allow such customer to materially improve its utility service, or to allow the permittee or applicant to comply with state or federal law or City ordinance or an order of a court or administrative agency.
(Code 1976, § 12.16.070) :::
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Sec. 34-131. Reporting obligations.
It is in the best interests of all affected parties to attempt to coordinate construction in public property and/or the public right-of-way whenever it is reasonably possible. Therefore, periodic reporting by the applicant to the City Engineer of known or projected construction plans will be useful to achieve this objective.
(Code 1976, § 12.16.090) :::
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Sec. 34-132. Location of facilities; underground.
The permittee shall endeavor to install facilities underground or within buildings or other structures in conformity with applicable codes and requirements of the City Engineer, unless in conflict with state or federal law, existing aboveground facilities are used, or otherwise approved by the City Engineer. The City Engineer may direct that the installation be made underground if the public health, safety, or welfare so require.
(Code 1976, § 12.16.100) :::
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Sec. 34-133. Limitation of space.
The City Engineer may prohibit or limit the placement of new or additional facilities within public property and/or public rights-of-way if, in his or her determination, there is insufficient space to accommodate all of the requests of persons to occupy the site, public property and/or right-of-way. In making such decisions, the City Engineer shall strive to the extent reasonably possible to accommodate all existing and potential users of the public property right-of-way, but may prohibit or limit the placement of new or additional facilities when he or she determines such is required to protect, safeguard and/or facilitate the public health, safety, or welfare. In reaching this conclusion, the City Engineer may consider the utility's/applicant's obligation to serve.
(Code 1976, § 12.16.110) :::
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Sec. 34-134. Attachment to bridges.
Whenever an applicant requests permission to attach pipes, conduits, cables, or wires to any City bridge structure, the applicant shall pay all costs associated with the granting of such permission, including, but not limited to, administrative expenses in the analysis and inspection of such installation and applicant's plans. The owner of such pipes, conduits, cables, or wires shall be entitled to no compensation for removal or relocation of the same in case of repair, removal, or replacement of said bridge structure by the City or others on the City's behalf, and/or any consequential damages directly and/or indirectly arising therefrom. There is no guarantee permission will be granted to allow attaching facilities to City structures.
(Code 1976, § 12.16.120) :::
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Sec. 34-135. Style of cut.
All excavations in permanently improved right-of-way, streets and/or parking lots, sidewalks, bike trails, and the like, shall be made by final saw cuts around the perimeter of the excavation in accordance with the Right-of-Way Utility Restoration, as prepared and revised from time to time by the City Engineer, and any other specifications outlined in the permit approval specific to the project.
(Code 1976, § 12.16.130) :::
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Sec. 34-136. Repair and/or restoration of paved or improved areas.
aTemporary and permanent. The permittee shall be responsible for all costs associated with maintaining the temporary and permanent repairs and restorations in accordance with the Right-of-Way Utility Restoration, as prepared and revised from time to time by the City Engineer, along with any other specifications outlined in the permit approval specific to the project.
bUnless otherwise required by the City Engineer, disturbed pavement or as otherwise determined by the City Engineer shall be replaced by the permittee or an authorized contractor retained by the City, at the permittee's sole cost and expense.
cThe permittee shall use only materials approved by the City Engineer. The site shall be fully and timely restored by the permittee to a condition better than it was immediately prior to the excavation and in full accord with each and every specification of the City as from time to time supplemental amended or other modified.
dIf the repair and/or replacement pavement hard surface or material settles or cracks within five years of the date of the permit and if failure of the repair and/or replacement is due to improper backfill, compaction or materials, the pavement and backfill in the excavation area shall be forthwith removed and replaced at the expense of the permittee.
eRepair of unpaved/non-hard surface areas. All excavations in areas which are not paved or hard surface shall be backfilled with natural material compacted in 12 inch layers with mechanical compaction equipment. The surface shall be restored to its original condition, subject to the approval of the City Engineer. The permittee shall guarantee this work for one year from the date of City final inspection after project completion.
fIn all cases, the permittee shall be required to repair the site to City specifications and standards subject to inspection and acceptance by the City.
gIn addition to repairing its own work, the permittee must repair the general area of the work, and the surrounding areas, including the paving and its foundations, to the specifications of the City.
hAt the beginning and at the end of the project, the permittee shall immediately notify the City Engineer. The City Engineer or their designee shall inspect the area of the work and accept the work at the end when the City Engineer determines that proper repair and/or restoration has been made in accord with all specifications and requirements of the City. The permittee shall make the work site available to the City Engineer and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work.
(Code 1976, § 12.16.140) :::
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Sec. 34-137. Relocation of facilities.
An occupant must promptly and at its own expense permanently remove and relocate its facilities in the public property or right-of-way whenever the City and/or City Engineering, jointly or severally acting in his or her or its governmental capacity and having determined that the public health, safety, or welfare so requires, requests such removal and relocation. Notwith-standing the forgoing, an occupant shall not be required to remove or relocate its facilities from any right-of-way or other public property that has been vacated in favor of a non-governmental entity unless and until the reasonable costs thereof are first paid to the occupant therefor.
(Code 1976, § 12.16.150) :::
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Sec. 34-138. Interference with other facilities during municipal construction.
When the City performs work in the right-of-way or other public property and the City Engineer finds it necessary to maintain, support, shore, or move an occupant's facilities, the City Engineer shall notify the local representative. The occupant shall meet with the City's representative within 24 hours and coordinate the protection, maintenance, supporting, and/or shoring of the occupant's facilities. The occupant shall accomplish the needed work within 72 hours, unless the City agrees to a longer period. In the event that the occupant does not proceed to maintain, support, shore, or move its facilities within such time, the City may arrange to do the work and bill the occupant, said bill to be paid within 30 days.
(Code 1976, § 12.16.160) :::
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Sec. 34-139. Abandoned and unused facilities.
aDiscontinued operations. An occupant or permittee who has decided to discontinue its operations must either:
1Timely provide information satisfactory to the City Engineer that the occupant's or permittee's obligations under this article for its facilities have been lawfully assumed by another occupant or permittee; or
2Submit to the City Engineer a proposal and instruments for transferring ownership of its facilities to the City. If an occupant proceeds under this clause, the City may, at its option:
a. Accept the dedication for all or a portion of the facilities;
b. Require the occupant, at its own expense, to remove the facilities; or
c. Require the occupant to forthwith post a bond or provide payment in an amount determined by the City Engineer sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the facilities.
bAbandoned facilities. Facilities that remain unused for two years shall be deemed abandoned. Any occupant or permittee having abandoned equipment in any public property and/or right-of-way shall remove it within two years, unless the City Engineer waives this requirement. Abandoned facilities are deemed to be a nuisance. In addition to any remedies or rights it has at law or in equity, the City may, at its option, abate the nuisance, take possession of the facilities, or require the removal of the facilities by the occupant or the occupant's successor in interest, or exercise any of its other rights under this article. A determination by the City Engineer that a facility is abandoned shall be conclusions, final and binding on the occupant and/or permittee.
(Code 1976, § 12.16.170) :::
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Sec. 34-140. Emergency situations.
Each occupant, permittee and/or their agent shall immediately notify the City Engineer by verbal notice on an emergency telephone number provided by the City Engineer of any event regarding its facilities that it considers to be an emergency. The occupant, permittee and/or their agent may proceed to take whatever actions are necessary to respond to the emergency. Within two business days after the occurrence of the emergency the occupant, permittee and agent shall apply for the necessary permits, pay the fees associated therewith, and otherwise fully comply with the requirements of this article.
(Code 1976, § 12.16.180) :::
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Sec. 34-141. Compliance with City Engineer directions.
An applicant, permittee and occupant shall forthwith comply with each and every verbal and written direction and requirement of the City Engineer or designee.
(Code 1976, § 12.16.190) :::
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Sec. 34-142. Compliance with other laws.
Obtaining a permit to excavate and/or occupy the right-of-way or other City property does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by any other City, county, state, or federal rules, laws or regulations. A permittee shall comply with all requirements of local, state and federal laws. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who does the work.
(Code 1976, § 12.16.200) :::
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Sec. 34-143. Vicarious liability.
Each applicant, permittee and occupant is vicariously responsible and liable under this article for the actions of the respective applicant's, permittee's and occupant's contractors and agents, and is liable for violations by them, jointly and severally.
(Code 1976, § 12.16.210) :::
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Sec. 34-144. No repeal of tree requirements.
Nothing herein shall be construed to repeal or amend the provisions of a City ordinance requiring persons to plant or maintain a tree lawn in the area of the right-of-way between their property and the street curb or pavement, construct sidewalks or driveways or other similar activities. Persons performing such activities shall not be required to obtain any permits under this article.
(Code 1976, § 12.16.220) :::
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Sec. 34-145. Raising or lowering street grade or surface prohibited.
No person, unless duly authorized in writing by the City Manager or by formal action of the Council, shall raise or lower the surface of any street above or below the established grade, or remove any earth or soil from any street, or interfere with the surface or soil of any street in any manner whatsoever.
(Code 1976, § 12.16.230) :::
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Sec. 34-146. Cisterns and other openings to be covered; failure to make correction; procedure.
No person, firm or corporation shall have or permit, on any premises owned or occupied by him, her or them, any open cistern, cesspool, well, or other dangerous openings. All such places shall be securely covered or enclosed in such a manner as to prevent injury to any person, and such covers or enclosures shall be of such design, size, weight and anchorage that the same cannot be removed by children. Where such an opening exists and is considered by the Building Inspector to be a hazard, and the Building Inspector has issued a written order to the property owner, the latter shall cause the hazard to be protected at once. In any case where the property owner fails to correct the situation within 20 days after the notice has been issued to him, her or them, it shall be the duty of the Building Inspector to see that the protection is completed by the City, and the cost thereof shall be assessed against the property as a special charge and added to the tax rolls.
(Code 1976, § 12.16.240) :::
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Sec. 34-147. Open excavations.
aThe owner of any property upon which there are excavations of any kind in connection with any proposed building or construction or the installation of any utilities which have been allowed to remain open and unprotected for a period of 60 days from the date of the issuance of the permit for such work, and which, in the opinion of the Building Inspector, constitutes a hazard, shall, upon written notice from the Building Inspector, cover, fence or fill in such excavations within 20 days of the date of such notice; failing which, it shall be the duty of the Building Inspector to see that such work is done by the City, and the costs thereof shall be charged against the real estate upon which such excavation is located and shall be a lien upon such real estate, and shall be assessed and collected as a special tax.
bNo excavation shall be left open for more than six months. The requirements of this subsection shall be in addition to the requirements of Subsection (a) of this section. In the event any such excavation remains open for more than six months, the Building Inspector, or other designated officer, shall order that a subfloor be installed which would completely cover the excavation or in the alternative that the excavation be filled to grade. The order shall be served upon the owner of the land or his or her agent and upon the holder of any encumbrance of record. If the owner of the land fails to comply with the order within 20 days after service thereof upon him, the Inspector of Buildings or other designated officer shall cause the excavation to be filled to grade, and the costs thereof shall be charged against the real estate upon which such excavation is located and shall be a lien upon such real estate, and shall be assessed and collected as a special tax. The Building Inspector, in his or her discretion, may extend the time period for 30, 60 or 90 days, if, in his or her opinion, weather or other uncontrollable circumstances have unduly delayed the building upon the open excavation.
cThe types of excavations to which Subsections (a) and (b) of this section apply include, but are not limited to:
1Open excavations for basements;
2Open basement excavations in which foundations have been constructed, and upon which no building has been erected or from which a building has been removed;
3Any foundation in a basement excavation whether supporting a building or not, around which backfilling has not been completed;
4Any case where a foundation has failed, and any part of such foundation has fallen in, whether supporting a building or not.
(Code 1976, § 12.16.250) :::
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Sec. 34-148. Razed building sites to be filled to grade.
aNo person, firm or corporation shall have or permit, on any premises owned or occupied by him or her or them, an open excavation to remain on the site where a building has been razed for over a period of six months. The site where a building has been razed must be filled to grade by crushed rock, sand or other fill acceptable to the City Building Inspector within a period of six months from the date the permit to raze had been issued, unless within that time actual construction has been commenced on the site. If such excavation has not been filled, construction commenced, or an extension granted by the Building Board of Appeals within the six-month period of time, it shall be the duty of the Building Inspector to have the excavation filled, and the cost thereof shall be assessed against the property as a special charge, and added to the next tax rolls against such property.
bThis section is in addition to and shall take precedence over other provisions contained within this Code.
(Code 1976, § 12.16.260) :::
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Sec. 34-149. Double fees.
aAny person who commences any activities for which a permit is required under this article without first having applied for, paid the fee for and/or holding the required permit shall still be required to apply for, pay the fees for and hold the requisite permit before continuing any excavation or other activities upon the site.
bSuch person shall also be required to pay double the fees otherwise applicable.
(Code 1976, § 12.16.270) :::
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Sec. 34-150. Appeal of decisions.
Any applicant, permittee, occupant or other person aggrieved by a decision of the City Engineer under this article may file a written appeal with the City Engineer requesting review before the City Plan Commission. An appeal shall be filed within ten days of the decision or direction. The Plan Commission shall commence a hearing within 60 days of the filing of the appeal. The determination of the Plan Commission shall be subject to review and approval by the City Council. Wis. Stats. ch. 68 shall not apply to this administrative appeal process. The appeal shall be signed and dated by a person authorized to appeal or to act on behalf of such person. The appeal form shall require such other information as the City Engineer may from time to time require.
(Code 1976, § 12.16.280) :::
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Sec. 34-151. Severability.
If any subsection, sentence, clause, phrase or portion of this section is held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof.
(Code 1976, § 12.16.290) :::
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Sec. 34-152. Violations; penalty; injunctive and other relief.
aAny person, officer or principal of any person who violates, causes or permits to be violated any provision of this article, requirement or specification of the City or City Engineer, upon conviction thereof, pay a forfeiture to the City of not less than $50.00 nor more than $10,000.00, together with the costs of prosecution and in default of payment thereof, shall be imprisoned in the Rock County Jail for not less than five days nor more than 90 days, or dealt with as otherwise provided by law.
bIt shall be the ongoing responsibility of the offender to timely abate the violation as quickly as possible.
cEach and every violation constitutes a separate punishable offense.
dEach and every day that a violation continues constitutes a separate punishable offense.
eThe City, in addition to the above penalties, may institute and seek injunctive relief through circuit court and/or may commence, maintain and prosecute one or more related or additional actions to achieve compliance and/or enjoin, abate or remove the violation; and the City Council may also revoke or suspend any permit issued hereunder. The City Engineer may deny the issuance of a permit to an applicant who has been convicted of a previous violation of this article, or who has violated or is violating any provision of this article, in the estimation of the City Engineer.
fIf a permit were issued, such issuance shall not constitute a defense for the offender, not shall any error, oversight, previous non-enforcement of a similar or separate violation, or dereliction of duty on the part of any City official, board or body constitute any defense.
(Code 1976, § 12.16.300) :::
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Secs. 34-153---34-172. Reserved.
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ARTICLE VI. STREET CLOSINGS, OBSTRUCTIONS AND ENCROACHMENTS15
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Sec. 34-173. Prohibitions.
No person shall, in any manner, close, obstruct, encroach upon, occupy, or encumber any public street, highway, alley, sidewalk, or part thereof, unless expressly authorized to do so by the Chief of Police or their designee, and then only in a manner consistent with this article and all other applicable laws.
(Code 1976, § 12.20.010) :::
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Sec. 34-174. Police Chief; general authorization.
The Chief of Police or their designee, without prior notice, may order the closing, obstruction, encroachment, occupation or physical encumbrance of any public street, highway, alley, and sidewalk, or part thereof for City purposes or in the case of emergency.
(Code 1976, § 12.20.020) :::
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Sec. 34-175. Permit Procedure; private closure; Chief of Police.
aThe Chief of Police or their designee may issue a permit for closure, obstruction, encroachment, occupation, or physical encumbrance of a definite and limited portion of any public street, highway, alleys, sidewalk, or part thereof, except federal and state marked highways.
bApplication for a permit shall be in writing and shall:
1Specify, the name, address, telephone number, principal place of business, business address, and business telephone number of the applicant;
2Specify the exact location and portion of the area affected;
3Set forth the exact time and date proposed for such closure, obstruction, encroachment, occupation or physical encumbrance;
4Specify all steps that will be taken by the applicant to ensure safety;
5Specify the names, addresses, and telephone numbers of all abutting property owners and possessors;
6Certify that all abutting property owners and possessors were notified, describe when and how notice was provided, describe all objections, and by whom made;
7Indemnify the City from any and all liability of whatever kind and nature which arises from such closure, obstruction, occupation, or encumbrance.
cApplicants shall fully and completely indemnify and hold the City harmless from any and all liability of whatever kind and nature for any and all personal injury, death, and property damage directly and indirectly arising from such closure, obstruction, occupation, or physical encumbrance.
dThe Chief of Police or their designee may require a policy of insurance, bond, or other surety, naming the City as the insured, in an amount established, from time to time, by the Chief of Police, and with regard to the particular location, circumstances, and activities proposed.
eThe Chief of Police or their designee may deny the application for a permit at any time and without cause, even though a complete application and full indemnification have been provided.
fThe Chief of Police or their designee may withdraw permission and/or cancel a previously issued permit at any time and without cause, though cause includes, but is not limited to, violation of any provision of this or any other ordinance or order of the City Manager, Chief of Police, Fire Chief, Director of Public Works, or their representatives, or for violation of any other law or lawful order.
(Code 1976, § 12.20.030) :::
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Sec. 34-176. No financial gain through concessions, sales, or similar activities; registration fee gains permitted for parades.
No sales, concessions, or other financial gain activities may occur on any public street, alley, sidewalk, or highway right-of-way. Financial gain realized through the payment of a reasonable registration fee for parades, runs, walks, bicycle events and similar activities is permissible but only if the event and closure are otherwise permitted by the Chief of Police or their designee.
(Code 1976, § 12.20.040) :::
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Sec. 34-177. Responsibilities.
An applicant who is issued a permit allowing him or her to close, obstruct, encroach upon, occupy or encumber any public street, highway, alley, sidewalk, or part thereof, shall:
1At all times maintain adequate, sufficient, and properly operating warning signs, lights, barricades, fences, and other warning and public safety devices, and such other warning and safety devices as may be required by the Manual on Uniform Traffic Control Devices (MUTCD) and any additional signage as required by Chief of Police, City Manager, Director of Public Works, Fire Chief, or any of their representatives;
2At all times maintain sufficient insurance, bond or surety in an amount and as required by the Chief of Police or their designee, naming the City as the insured;
3Take all precautions necessary to make the public property affected safe for all users;
4Take all precautions necessary to make the public property affected safe for all abutting property owners and possessors;
5Not later than the expiration date and time of the permit, remove all litter, rubbish, trash, garbage and refuse, clean, clear and make sightly the entire closure and all abutting private and public property affected by the applicant's activities, and return the property in the same or better condition than that in which it was at the time of closure;
6Immediately remove any and all obstructions as soon as the need for such obstruction ceases, but not later than the expiration date and time of the permit;
7Immediately and fully comply with any and all written and oral orders of the Chief of Police, City Manager, Fire Chief, Director of Public Works, or their representatives.
(Code 1976, § 12.20.050) :::
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Sec. 34-178. Appeal; City Council.
Any interested party may appeal to the City Manager from the decision of the Chief of Police or their designee to issue or not to issue a permit under this article. Any interested party may then appeal to the City Council from the decision of the City Manager to issue or not to issue a permit under this article. For the purposes of this section, any interested party includes any applicant for such permit, and any owner or possessor of property abutting the portion of the public street, highway, alley, or sidewalk proposed to be affected.
(Code 1976, § 12.20.060) :::
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Sec. 34-179. Violations; penalty.
Any person who violates any of the provisions of this article shall forfeit and pay to the City a forfeiture of not less than $100.00 nor more than $1,000.00, together with the costs of prosecution for each offense. Each day during which any violation continues shall constitute a separate violation. In default of payment of the forfeiture and/or costs, the violator shall be imprisoned in the county jail for not more than 90 hours.
(Code 1976, § 12.20.070) :::
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Secs. 34-180---34-196. Reserved.
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ARTICLE VII. STREETS AND SIDEWALKS, TREES AND SHRUBBERY
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Sec. 34-197. Tree and shrubbery trimming and removal requirements, generally.
aIt shall be the duty of every owner of any tree standing within and/or abutting the limits of any street, or so located that any of its limbs extend over any street or sidewalk, to keep the same so trimmed that its lower limbs shall be at least seven feet above the sidewalk and 15 feet above the surface of the street over which it may extend.
bIt shall be the duty of every owner of any bushes, shrubbery or vegetation of any kind located or growing within and/or abutting the limits of any street, or located or growing so that any of its branches, leaves or other foliage extend over any street or sidewalk, to keep the same trimmed so they do not extend over any street or sidewalk.
cEvery owner of a tree shall comply with all provisions set forth in Sections 22-132 through 22-141, as from time to time amended, updated, revised, or renumbered.
(Code 1976, § 12.24.010; Ord. No. 80-204, § 1(part), 1980) :::
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Sec. 34-198. Tree and shrubbery trimming and removal requirements; hazardous to passersby.
aIt shall also be the duty of every owner of any tree, bush, shrubbery or vegetation of any kind which stands within the limits of any street, or which is so located or growing that if any of its limbs, branches or other foliage fell it might create a hazard to those lawfully using the street or sidewalk, to remove all trees, bushes, shrubbery, vegetation or limbs thereof which are so aged or decayed, or in such condition so as to create a hazard to those lawfully using the sidewalks or other portions of the street.
bEvery owner of a tree shall comply with all provisions set forth in Sections 22-132 through 22-141, as from time to time amended, updated, revised, or renumbered.
(Code 1976, § 12.24.020; Ord. No. 80-204, § 1(part), 1980) :::
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Sec. 34-199. Objects obstructing traffic or vision of traffic unlawful.
aA vision triangle is all that land at a street intersection between the vision line and the street intersection. The vision line is determined by drawing a straight line from the curb or edge of pavement of one street to the curb or edge of pavement of the intersecting street, and such line shall run through two points, each such point being on the edge of the street right-of-way/property line and 25 feet back from the corner formed by the intersection of the two street right-of-way/property lines, as shown on the Vision Triangle Ordinance Diagram. No bushes or shrubbery nor any opaque or semi-opaque object is permitted in the vision triangle if such bush, shrub or object is over 30 inches above curb grade, except trees trimmed to the trunk and at least to seven feet above sidewalk grade. Official traffic signs and signals and utility poles are exempt from this restriction.
bAt all intersections controlled by yield signs, stop signs, or traffic signals, only that portion of the vision triangle lying within the public street right-of-way shall apply.
cAll buildings existing within the vision triangle at the time of adoption of the ordinance codified in this section shall be exempt from the requirements of this article.
(Code 1976, § 12.24.030) :::
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Sec. 34-200. Trees and shrubbery obstructing vision of traffic signs unlawful.
It is unlawful for any person to plant, cause to grow, allow to grow, or maintain any trees, bushes, shrubbery or vegetation of any kind which is an obstruction to the clear and complete vision of any traffic sign within the City. It shall be the duty of every owner of any such tree, bush, shrubbery or vegetation to remove such obstruction.
(Code 1976, § 12.24.040; Ord. No. 80-204, § 1(part), 1980) :::
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Sec. 34-201. Tree and shrubbery trimming and removal requirements; failure to comply; City to take action; cost.
In case any person fails to comply with the requirements of Sections 34-197, 34-198, 34-199, and 34-200 within ten days after the Operations Director or City Engineer notifies him or her to do so, the Operations Director or City Engineer shall cause the necessary trimming and removal to be done and file with the City Clerk a statement of the costs thereof, and any and all costs thereof shall be charged against the real estate, shall be a lien upon the real estate, and shall be assessed and collected as a special tax. In addition, such owner may be prosecuted for violation of this article in case such owner does not comply within ten days after written notice is given by the Operations Director or City Engineer.
(Code 1976, § 12.24.050; Ord. No. 80-204, § 1(part), 1980) :::
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Sec. 34-202. Violation; penalty.
Any person who violates any of the provisions of this article, or any section herein referred to for which a specific penalty may not be provided, shall forfeit and pay to the City a penalty not exceeding $100.00, together with the costs of prosecution for each offense, and each day during which any such violation continues shall be deemed a separate offense, and in default on payment of such penalty, any violator shall be imprisoned in the county jail not to exceed 30 days.
(Code 1976, § 12.24.060; Ord. No. 80-204, § 1(part), 1980) :::
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Sec. 34-203. Maintenance of boulevards.
Notwithstanding any other of the provisions of this article or any of the provisions of Article IX of this chapter, only the City shall have the right to plant and the responsibility to maintain, trim or remove, as needed, all trees, shrubbery, plants and lawns located on boulevards. The term "boulevard" means any grassed or planted area dedicated to the public and located between the edges of two roadways that together comprise a single street.
(Code 1976, § 12.24.070; Ord. No. 81-222, § 1, 1981) :::
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Secs. 34-204---34-229. Reserved.
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ARTICLE VIII. POLES AND WIRES
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Sec. 34-230. Generally.
The city engineer shall have authority to prescribe all rules and regulations governing construction and installation of all posts, poles, supports for poles, cross arms, cables, conduit and wires, both above and below ground, which may be used by any utility for telephone, communication or electric service.
(Code 1976, § 12.28.010) :::
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Secs. 34-231---34-253. Reserved.
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ARTICLE IX. TERRACES
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Sec. 34-254. Generally.
The term "terrace," as used in this section, means all that portion of any public way, street or highway right-of-way that is not paved or surfaced for vehicular traffic, not including boulevards as defined in Section 34-203. Every owner of land in the City whose land abuts any terrace is required to maintain, or have maintained by his or her tenant or otherwise, the terrace directly abutting such land follows:
1If the terrace contains a sidewalk, the sidewalk shall be kept free and clear of snow and ice as required by Section 34-59, as from time to time amended, updated, revised, or renumbered.
2All that part of the terrace not covered by a sidewalk shall be kept free and clear of all noxious weeds, as defined in Section 22-204, shall not be paved, surfaced, or covered with any material which shall prevent the growth of plants, shall be maintained as a lawn, except in areas specifically approved by the City Engineer in writing, and shall maintain all public and private trees located thereon in the manner set forth in Article V of chapter 22 and Article VII of this chapter, as from time to time amended, updated, revised, or renumbered. Any portion of terrace not maintained in grass shall be at the property owner's sole risk and is not required to be restored in kind if impacted by a public works project.
(Code 1976, §§ 12.32.010, 12.32.020; Ord. No. 80-194, § 2, 1980) :::
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Sec. 34-255. Violation; penalty.
Any person who violates any of the provisions of Section 34-254, or any section therein referred to for which a specific penalty may not be provided, shall forfeit and pay to the City a penalty not exceeding $100.00, together with the costs of prosecution for each offense, and each day during which any such violation continues shall be deemed a separate offense, and in default of payment of such penalty, any violator shall be imprisoned in the county jail not to exceed 30 days.
(Code 1976, § 12.32.020) :::
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Secs. 34-256---34-273. Reserved.
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ARTICLE X. GRADES16
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Sec. 34-274. Datum plane established.
aThere is established a datum plane to which all grade lines and elevations hereafter officially established shall be deemed to refer. Such datum plane, at all places within the limits of the City, shall be assumed to be a plane 100 feet below the cross cut on the upper surface of the stone monument heretofore planted in the Courthouse Park about one foot beneath the surface of the ground, and at a point which is about 22.7 feet easterly from the easterly line of Main Street, and 30 and one-tenth foot southerly from the southerly line of Court Street.
bThe height of all grade lines and elevations hereafter ascertained and shown for official action thereon shall be shown in feet and decimal fractions thereof with reference to such datum plane.
(Code 1976, § 12.36.010)
State law reference(s)---Establishment of and damage caused by alteration of street grades, Wis. Stats. § 62.16. :::
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Sec. 34-275. Benchmarks; records to be kept.
The respective elevations of all benchmarks, with reference to the datum plane established by Section 34-274, shall be definitely ascertained, and a record of their locations and elevations made in a bench book, together with a record of such other permanent benchmarks or monuments as from time to time may be established, and such bench book shall be kept in the office of the City Engineer as a public record.
(Code 1976, § 12.36.020) :::
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Sec. 34-276. Injury to monuments prohibited.
No person shall break, remove or displace any monuments or any other benchmark or any stake, stone, iron pin, or other permanent landmark.
(Code 1976, § 12.36.030) :::
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Sec. 34-277. Street grade adoption procedure.
The City Engineer shall establish proposed grades for streets. In establishing or changing grades there shall be compliance with the provisions of the Wisconsin Statutes.
(Code 1976, § 12.36.040) :::
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Sec. 34-278. Tabulation of proposed grades.
When proposed grades are shown by tabulations, such tabulations shall show the proposed grade of the street at its intersection with all other streets or public ways, and shall also show the grade at points where the gradient changes. The grade line shall be a straight line between the grades shown on the tabulation, except at points of gradient change where the City Engineer may connect the grade lines with a suitable vertical curve, and the grades along the vertical curve shall be kept on file in the engineer's office.
(Code 1976, § 12.36.050) :::
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Sec. 34-279. Profile of proposed grades.
When the proposed grades are shown by a profile, such profile shall show the proposed grade line along the centerline of the street, and also along the curblines when the curb grades differ materially in elevation from the grade for the centerline.
(Code 1976, § 12.36.060) :::
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Sec. 34-280. Curb and sidewalk grades established; adjustments allowed when.
The grade for the top of curbings shall be the same as the grade for the street, except when for topographic or other reason the curb grade may be adjusted to meet conditions to avoid causing substantial injury to abutting properties. The grade for the sidewalk shall be six inches above the grade established for the street except as approved by the City Engineer. The sidewalk shall have a transverse slope toward the curb of one-fourth inch to one foot except as approved by the City Engineer.
(Code 1976, § 12.36.070) :::
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Sec. 34-281. Record to be kept on file.
Proposed grades which are adopted by the City Council shall be accurately recorded and kept as a public record in the office of the City Engineer. The City Clerk shall in each case certify the grade, stating the date of adoption by the Council. The City Engineer shall retain proposed grades as a public record.
(Code 1976, § 12.36.080) :::
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Sec. 34-282. Violation; penalty.
Any person who violates any of the provisions of this article shall forfeit and pay to the City a penalty not exceeding $100.00, together with the costs of prosecution for each offense, and each day during which any such violation continues shall be deemed a separate offense, and in default of payment of such penalty shall be imprisoned in the county jail not to exceed 30 days.
(Code 1976, § 12.36.090) :::
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Secs. 34-283---34-312. Reserved.
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ARTICLE XI. STREET NAMES AND NUMBERS
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Sec. 34-313. Names and limits of streets.
The names and limits of the streets of the City shall be as shown on the map in the City Engineer's office entitled, "Janesville, Rock County, Wisconsin, from surveys and records in the office of the City Engineer, Street Numbering System," which map is drawn to the scale of approximately 400 feet to one inch. Said map may hereafter be supplemented or amended, and said map shall be the official street numbering map of the City; and the same shall be supplemented or amended from time to time and kept up-to-date by the City Engineer.
(Code 1976, § 12.40.010) :::
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Sec. 34-314. Street numbers---Generally.
aThe house numbering system of the City provides a separate number for every 22 feet of street frontage, except where block lengths, positions, or locations require adjustments therefrom.
bThe following described line marks the division for the north and south streets: beginning at the point of intersection of the centerline of West Court Street with the present west City limit line, or with any future west City limit line, and running thence east along the centerline of West Court Street to its point of intersection with the centerline of West Milwaukee Street; thence northeasterly along the centerlines of West Milwaukee Street and East Milwaukee Street to the north-south centerline of Section 29, Township 3 North, Range 13 East; thence south along the north-south centerline of said Section 29 and Section 32, Township 3-North, Range 13 East, to the centerline of Ruger Avenue; thence easterly along the centerline of Ruger Avenue to its point of intersection with the present east City limit line, or any future east City limit line.
cThe east and west streets are divided by a line described as follows: beginning at the point of intersection of the centerline of Beloit Avenue, which is the line between LaPrairie and Rock Townships, with the present south City limit line or with any future south City limit line, and running thence north along the centerline of Beloit Avenue to the northeast corner of Section 1, Township 2 North, Range 12 East; thence west along the north line of said Section 1 to the centerline of Rock River; thence northwesterly and northerly along the centerline of Rock River to the present north City limit line at the south line of Section 23, Township 3 North, Range 12 East; thence, for future reference, continuing northerly along the centerline of Rock River to the north line of said Section 23; thence east along the north lines of said Section 23 and Section 24, Township 3 North, Range 12 East to the centerline of U.S. Highway 51, which is the northerly extension of North Parker Drive; thence north along the centerline of U.S. Highway 51 to any future north City limit line, all as outlined on the Detail Numbering Map, Janesville, Wisconsin, and shown in detail on maps on file in the office of the City Engineer.
dHouse numbers on the north and south streets, and on the east and west streets begin respectively at the division lines set out in Subsections (b) and (c) of this section with number 1, and continue in numerical order away from said division lines in the frontages allotted for each number as set out in Subsections (b) and (c) of this section, and with the even numbers assigned to the right and the odd numbers assigned to the left, proceeding in a direction away from said division starting lines. Where number 1 as a starting number does not conform with the general pattern of numbers in blocks of relative position, the starting numbers have been and may be adjusted as shown on the official map described in Section 34-313.
(Code 1976, § 12.40.020) :::
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Sec. 34-315. Street numbers---To be displayed.
Every store, shop, hotel, dwelling, or other building used for residence or business purposes shall be numbered with conspicuous figures not less than 3½ inches long and 2¼ inches wide. Such numbers shall be placed over the centers of front entrance doors if such place is conspicuous or upon some conspicuous and appropriate part of that side of the building or other permanent structure fronting on the street, which such dwelling, house or other aforementioned building is numbered according to such plan.
(Code 1976, § 12.40.030) :::
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Sec. 34-316. Violation; penalty.
aAny person, partnership, firm or corporation, or any officer or other principal of any corporation or business, who violates or causes to be violated any provision of this article shall forfeit and pay to the City a forfeiture of not less than $25.00 nor more than $500.00, together with the costs of prosecution, and in default of payment thereof shall be committed to the Rock County jail for a term of not more than 60 days.
bIt shall be the responsibility of the offender to abate the violation forthwith.
cEach and every day that a violation continues constitutes a separate violation.
dIn addition to the above penalties, the City may institute and seek injunctive, mandamus, abatement and/or any other appropriate legal and/or equitable action, proceeding or relief to prevent, enjoin, abate, remove and/or correct the violation.
eIn addition to the above penalties, the City Council may suspend and/or revoke any license or permit of the violator.
(Code 1976, § 12.40.040) :::
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Secs. 34-317---34-335. Reserved.
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ARTICLE XII. PROHIBITED PRACTICES17
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Sec. 34-336. Ball playing.
No person shall engage in playing any game of ball in any street.
(Code 1976, § 12.44.010) :::
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Sec. 34-337. Racing.
No person shall engage in racing any motor vehicle, including motorcycle, motorbike or motor scooter, bicycle, horse or other animal in any street within the City.
(Code 1976, § 12.44.020) :::
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Sec. 34-338. Horses not be left loose.
No person in charge of any horse or other beast of burden shall leave the same loose and unattended in any street.
(Code 1976, § 12.44.030) :::
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Sec. 34-339. Hitchhiking.
No person shall catch or attempt to catch a ride upon any motor vehicle, including motorcycle, motorbike or motor scooter, bicycle, wagon, cutter, sleigh, or other vehicle being driven along any street within the City.
(Code 1976, § 12.44.040) :::
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Sec. 34-340. Coasting on sled, sleigh or skis.
No person shall coast upon any sled, sleigh or skis upon any sidewalk.
(Code 1976, § 12.44.050) :::
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Sec. 34-341. Leaves and grass on public streets.
aLeaves. It is unlawful for any person to place or cause to be placed any leaves on any street or highway before October 1 or after the City has collected, or caused to be collected, leaves from the applicable street during the City's annual fall leaf collection program.
bGrass and other lawn debris. It is unlawful to place or cause to be placed any grass, grass clippings, or other lawn debris on any street or highway at anytime.
(Code 1976, § 12.44.060; Ord. No. 84-363, § 1, 1984) :::
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Sec. 34-342. Depositing refuse on streets.
No person shall place any filth, ashes, dirt, debris, straw, paper, litter, or other refuse or material in any street, alley, sidewalk, or public property, or so haul any ashes, gravel, stones, or any other material on any street, alley, sidewalk, or public property, so as to allow any part thereof to fall upon such street, alley, sidewalk, or public property.
(Code 1976, § 12.44.070; Ord. No. 86-471, § 2, 1986) :::
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Sec. 34-343. Depositing snow on streets, alleys, sidewalks; prohibited.
aNo person, firm or corporation located within the Central Business District shall, in any manner, dump, place, or deposit onto any public street, highway or sidewalk, snow removed from property within the property line. This section shall not apply to the removal of snow from any sidewalk outside the property line.
bNo person, firm or corporation located outside of the Central Business District shall, in any manner, dump, place or deposit onto any public street, highway, alley or sidewalk, snow removed from property within the property line, and snow removed from driveways, driveway approaches and sidewalk areas.
(Code 1976, § 12.44.080) :::
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Sec. 34-344. Camping in streets; public property.
No person shall camp upon or use any street, alley, sidewalk, or other public property as a camping ground, or otherwise so as to obstruct or interfere with travel or to annoy travelers thereon, except as permitted by the City Manager.
(Code 1976, § 12.44.090; Ord. No. 86-471, § 4, 1986) :::
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Sec. 34-345. Pets prohibited in City buildings.
aNo person may possess or bring any pet or animal into or upon any City building at any time.
bExempt from the prohibitions in Subsection (a) of this section are service animals that are required to be accommodated by the Americans with Disabilities Act, and law enforcement dogs used or animals being held for official police business.
(Code 1976, § 12.44.095; Ord. No. 2018-723, § II, 6-25-2018) :::
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Sec. 34-346. Violations; penalty.
Any person who violates any of the provisions of this article shall forfeit and pay to the City a forfeiture not to exceed $100.00, together with the costs of prosecution for each offense, and in default of payment shall be imprisoned not more than 30 days. Each day's continuance of any violation constitutes a separate offense.
(Code 1976, § 12.44.100; Ord. No. 86-471, § 5, 1986) :::
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Secs. 34-347---34-365. Reserved.
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ARTICLE XIII. VEHICLE RESTRICTIONS18
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Sec. 34-366. Use of vehicles with lugs.
No person shall drive, operate, propel or haul any machine or vehicle whatsoever having wheels with spikes, lugs, or ridges, or having the wheels on such machine or vehicle tied, chained or locked, upon, across or along any street paved with asphalt, asphaltic macadam, asphaltic concrete, macadam, or other material susceptible to injury by such wheels; provided, however, that if the reasonable use or operation of such machine or vehicle is impossible without crossing or passing along any such street, the City Manager may authorize the use of such street or portion thereof, but only upon condition that the pavement shall be planked or otherwise covered to prevent injury from such wheels.
(Code 1976, § 12.48.010) :::
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Sec. 34-367. Vehicle weight restrictions---Generally.
No person shall operate a vehicle with a gross vehicle weight rating in excess of 16,000 pounds (as defined in Wis. Stats. § 340.01) on any street or highway, unless such street or highway is designated as a through arterial street in Section 38-80, except as provided in this section.
1A person operating a vehicle with a gross weight rating in excess of 16,000 pounds but less than 30,000 pounds gross vehicle weight rating may make pickups or deliveries at location not on a through arterial street, provided that such operated vehicle leaves from and returns to a through arterial street at a point nearest to his or her immediate destination, unless the destination for the next successive pickup or delivery is closer to the location of the past immediate pickup or delivery.
2A person operating a vehicle with a gross vehicle weight rating in excess of 30,000 pounds shall be subject to the requirements of Subsection (1) of this section, and in addition thereto shall make only one delivery or pickup on each deviation. The term "deviation" means an interval in which a vehicle leaves and returns to a through arterial street by the shortest possible route.
3Vehicles owned by federal or state governments, or political subdivisions thereof shall not be restricted as set forth in this section.
4The following vehicles are also exempt from the maximum weight restrictions in this section:
a. Human service vehicles, as defined in Wis. Stats. § 340.01(23g) as from time to time amended or renumbered.
b. Registered vehicles bearing antique license plates issued by the State of Wisconsin.
c. Registered vehicles bearing collector license plates issued by the State of Wisconsin.
d. Registered vehicles bearing hobbyist license plates issued by the State of Wisconsin.
e. Medium-duty wrecker or towing trucks or flatbed trucks that:
1. Are responding to or from a tow location; or
2. Are traveling to or from the residential address of the operator for temporary off-street parking purposes that:
iIs on-call through the City of Janesville "No Preference Tow Rotation;"
iiDoes not have a towed vehicle attached to or at the property;
iiiIs parked in the residential driveway;
ivIs not encroaching onto the sidewalk or public right-of-way at such residential location;
vThe address of the on-call employee has been previously provided to the City of Janesville; and
viAn illegal home occupation is not being conducted at such residential location.
(Code 1976, § 12.48.020) :::
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Sec. 34-368. Vehicle weight restrictions---Additional through arterial streets designated.
For purposes of Section 34-367, in addition to those streets listed in Section 38-80, any street within the area bounded by Centerway, Court Street, and Division Street and its extensions and North Garfield Avenue from East Centerway to East Milwaukee Street shall be considered as a through arterial street.
(Code 1976, § 12.48.030; Ord. No. 2024-906, § I, 12-9-2024) :::
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Sec. 34-369. Vehicle weight restrictions---Additional.
The City Manager may establish such additional weight restrictions as may be deemed necessary.
(Code 1976, § 12.48.040) :::
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Sec. 34-370. Vehicle weight restrictions---Vehicles traveling through City.
No person shall operate a vehicle with a gross vehicle weight rating in excess of 16,000 pounds (as defined in Wis. Stats. § 340.01) on any street other than federal or state trunk highways when making trips through the City.
(Code 1976, § 12.48.050) :::
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Sec. 34-371. Seasonal weight limitations; authority.
The officer in charge of maintenance of City streets may, during the period from January l to May l, impose weight limitations on any City street, except a state or federal highway, because of the condition of weakness of such highway. Such limitations shall prohibit any motor vehicle bearing a license which allows more than 8,000 pounds of gross weight to be transported from using such street. Such limitation shall only be enforceable when signs are posted informing highway users of the limitation. Any person violating any imposed weight limitation under this section shall be penalized pursuant to this Code.
(Code 1976, § 12.48.070; Ord. No. 74-393, § 1, 1974) :::
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Sec. 34-372. Violation; penalty.
Any person who violates any of the provisions of this article, except Section 34-371, or any section herein referred to for which a specific penalty may not be provided, shall forfeit and pay to the City a penalty not exceeding $1,000.00, together with the costs of prosecution for each offense, and each day during which any such violation continues shall be deemed a separate offense, and in default of payment of such penalty, any violator shall be imprisoned in the county jail not to exceed 30 days.
(Code 1976, § 12.48.080) :::
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Secs. 34-373---34-404. Reserved.
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ARTICLE XIV. BRIDGES
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Sec. 34-405. Assemblage of people prohibited.
The assembling of persons upon any bridge in such numbers as to obstruct travel thereon is prohibited.
(Code 1976, § 12.52.010) :::
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Sec. 34-406. Defacement prohibited.
No person shall sit upon any railing of any bridge or post any handbill on or deface or remove or damage any part of any bridge.
(Code 1976, § 12.52.020) :::
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Sec. 34-407. Private approaches to be kept safe.
All private walks and other approaches to buildings which adjoin any sidewalk of any bridge, and are left open for public travel, shall, by the owners of the same, be kept in good repair and safe condition, and shall be under the supervision and control of the City Engineer to the same extent as are other sidewalks.
(Code 1976, § 12.52.030) :::
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Sec. 34-408. Violation; penalty.
Any person who violates any of the provisions of this article shall forfeit and pay to the City a penalty not exceeding $100.00, together with the costs of prosecution for each offense, and each day during which any such violation continues shall be deemed a separate offense, and in default of payment of such penalty, the violator shall be imprisoned in the county jail not to exceed 30 days.
(Code 1976, § 12.52.040) :::
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Secs. 34-409---34-429. Reserved.
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ARTICLE XV. RAILROADS AND RAILROAD CROSSINGS19
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Sec. 34-430. Signal lights.
No locomotive engine, train or car shall be driven along any track of any railroad in the nighttime without having upon the advancing end of the same a conspicuous light.
(Code 1976, § 12.56.010) :::
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Sec. 34-431. Running backward; requirements.
No locomotive engine or train shall be driven backward, and no detached car or cars shall be run upon any track of any such railroad without having stationed upon the advancing end of the same a person whose duty it shall be to keep a lookout ahead and give warning of the approach of the same to all persons who otherwise might be endangered thereby, and to stop such engine, train or car when necessary to avert danger, and also to give a danger signal to the locomotive engineer in cases where the car upon which such man is stationed is attached to an engine.
(Code 1976, § 12.56.020) :::
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Sec. 34-432. Whistle warning.
The engine whistle shall not be sounded, except as a warning to avert danger or when approaching crossings.
(Code 1976, § 12.56.030) :::
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Sec. 34-433. Planking or paving at street crossings.
aAt crossings of streets at grade by railway company tracks where the street which is crossed is not paved in any manner, the railway company shall cover the whole surface of its right-of-way, to the width of the traveled portion of the street, either with planking not less than three inches in thickness or with suitable paving. Where the street which is crossed by the railway is paved, the railway shall cover the whole surface of its right-of-way to the width of the paved or surfaced portion of the street so crossed with paving or surfacing comparable to the paving or surfacing on the street so crossed. The railway shall maintain such planking, paving or surfacing in good condition. The upper surface of such planking, paving or surfacing shall be on the level with the tops of the adjacent rails of the track or tracks of such railway company.
bIn cases in which a railway track parallels or runs along a sidewalk so that any portion of the railway right-of-way is lower than the sidewalk grade and lies within two feet of the nearest edge of the sidewalk, the railway shall comply with the requirements of this section by filling the excavation with a suitable paving to the level of the adjacent sidewalk from the nearest edge of the sidewalk to the nearest rail.
(Code 1976, § 12.56.040) :::
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Sec. 34-434. Spur tracks in streets.
No person or corporation shall lay any ties or rails for the purposes of a branch spur, switch or sidetrack of a railroad within the limits of any street without the consent of the City Engineer. Any person or corporation desiring to construct any such track within the limits of any street shall, before commencing the construction of the same, petition the City Engineer for permission to do so, and shall file with such petition a map showing the proposed location of such track, and in such petition state the purpose for which it is desired to use such track, and the manner in which it is proposed to construct the same.
(Code 1976, § 12.56.050) :::
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Sec. 34-435. Electric danger signals; flagperson at crossings.
Every railroad shall establish and maintain electric danger or warning signals at all places ordered by the public service commission, and of a type ordered by such commission, and shall maintain flagperson or other type of protection at such times and places as shall be ordered by such commission, and shall take all steps necessary to make all crossings of highways by railroads safe. No such warning sign shall be placed in any portion of the traveled highway.
(Code 1976, § 12.56.060) :::
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Sec. 34-436. Railway engines and cars stopped in streets unlawful.
aIt is unlawful to stop any railroad train, locomotive or railroad car upon or across any highway or street crossing, or to cause obstruction of vehicular traffic on public streets at street crossings by stopping, leaving, standing, switching, or otherwise maintaining constant railway use at such crossing longer than five continuous minutes, or for more than seven minutes out of any 12 continuous minutes.
bAny conductor, engineer, switchperson, brakeman or other employee or agent in charge of such offending railroad locomotive or car, or otherwise responsible therefor, who violates the provisions of this section shall pay the City a forfeiture of not less than $100.00 nor more than $500.00 for each such violation, plus the costs of prosecution, and in default of payment shall be imprisoned not less than five days nor more than 15 days in the county jail. A violation for each 12-minute period constitutes a separate offense.
(Code 1976, § 12.56.070; Ord. No. 81-229, § 1, 1981) :::
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Sec. 34-437. Violation; penalty.
Any railroad company which fails to comply with the requirements of this article shall forfeit and pay to the City, a penalty of not to exceed $100.00 for each such failure or violation, together with the costs of prosecution, and each day's continuance of such failure or violation constitutes a separate offense. Any other person who violates any of the provisions of this article shall forfeit and pay to the City a penalty of not to exceed $100.00 for each such violation, together with the costs of prosecution, and in default of payment shall be imprisoned not to exceed 30 days. Section 34-436 is excluded from the provisions of this penalty.
(Code 1976, § 12.56.080) :::
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Secs. 34-438---34-457. Reserved.
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ARTICLE XVI. FINANCIAL GAINS ON PUBLIC PROPERTY NOT ALLOWED
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Sec. 34-458. Financial gain on public property not allowed; exceptions.
aUnless otherwise specifically allowed by some other provision of these ordinances, no person, firm, corporation, society, or organization shall use any public property, public park, park facility, bathing beach, playground, greenbelt, or open space for the purpose of financial gain, return or any types or business or financial activity.
bExempted from the provisions of this article are those organizations and activities which have been granted specific permission by the City Council, or the Recreation Director in the manner set forth in this article, those concessions operating under the authority of the park division, and those activities conducted within the Janesville ice arena, golf courses, and tennis facilities which have the permission of the City Council.
cThe use or closure of any public street, alley, sidewalk, or other public right of way is subject to the approval, permit, and other requirements of the Chief of Police as set forth in Article VI of this chapter.
(Code 1976, § 12.62.010) :::
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Sec. 34-459. Financial gain; definition.
The term "financial gain," for the purposes of this article, includes, but is not limited to, events or activities at which any type of concession or sales occur, a registration fee is charged, an admission fee is paid, or donations are solicited.
(Code 1976, § 12.62.020) :::
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Sec. 34-460. Permission request procedure.
aApplicants requesting permission to use public property for financial gain shall complete and file a written application and require supporting documents with the Recreation Director in such form, content, and manner as the Recreation Director may, from time to time, prescribe.
bThe Recreation Director or his or her designee may grant or deny financial gain permission under this article without the necessity of further City Council review, action, or approval to those persons, firms, corporations, societies, organizations and activities who currently satisfy each and every requirement set forth in this article. Any application denied by the Recreation Director may be appealed to the City Council.
cThe City Council may affirm, amend, or modify any application denial decision by the Recreation Director and may withdraw permission and/or revoke any issued permit at any time and without cause, though cause may include, but is not limited to, violation of this section, any
other ordinance or law, or any order of the Chief of Police, Recreation Director, Fire Chief, City Manager, Public Works Director, or their representatives.
(Code 1976, § 12.62.030) :::
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Sec. 34-461. Indemnification requirement.
Applicants shall fully and completely indemnify and hold the City harmless from any and all liability of whatever kind and nature for any and all personal injury, death, and property damage directly and indirectly arising from such use.
(Code 1976, § 12.62.040) :::
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Sec. 34-462. Insurance/bond requirement.
The Recreation Director may require a policy of insurance, bond, or other surety, naming the City as the insured, in an amount established, from time to time, by the Recreation Director, and with regard to the particular location, circumstances, and activities proposed.
(Code 1976, § 12.62.050) :::
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Sec. 34-463. Responsibilities; applicant.
An applicant who is issued a permit allowing him or her to use public property, public park, park facility, bathing beach, playground, greenbelt, or open space for the purpose of financial gain shall:
1At all times maintain adequate, sufficient, and properly operating warning signs, lights, barricades, fences, and other warning and public safety devices, trash receptacles, and such other warning and safety devices as may be required by the Chief of Police, City Manager, Director of Public Works, Fire Chief, or any of their representatives.
2Take all precautions necessary to make the public property affected safe for all users.
3Take all precautions necessary to make the public property affected safe for all abutting and nearby property owners and possessors.
4Not later than the expiration date and time of the permit, remove all litter, rubbish, trash, garbage and refuse, clean, clear and make sightly the entire closure and all abutting private and public property affected by the applicant's activities, and return the property in the same or better condition than that in which it was at the time of closure.
5Immediately cease all use and remove any and all obstructions as soon as the need for such obstruction ceases, but not later than the expiration date and time of the permit.
6Immediately and fully comply with any and all written and oral order of the Chief of Police, City Manager, Fire Chief, Recreation Director, Director of Public Works, or their representatives.
(Code 1976, § 12.62.060) :::
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Sec. 34-464. Violation; penalty.
Any person who violates any provision of this article shall pay to the City a forfeiture of not less than $50.00 nor more than $1,000.00, together with the costs of prosecution for each offense, and each day during which any violation continues shall be deemed a separate and additional offense. In default of the payment of such penalty, the violator shall be imprisoned in the county jail for not less than one day nor more than 30 days for each offense.
(Code 1976, § 12.62.070) :::
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Secs. 34-465---34-481. Reserved.
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ARTICLE XVII. PUBLIC WATERS
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Sec. 34-482. Rock River---Boundaries.
aFor the purpose of this article, the boundaries of Rock River, which lie between the Fourth Avenue Bridge and the north line of the Court Street Bridge are located and established as shown by red lines on the plat of Rock River made by C.V. Kerch, City Engineer, and filed in the office of the City Clerk on April 2, 1906, with the exception that the boundary line on the west bank of Rock River from the south line of the Milwaukee Street Bridge to the north line of Dodge Street extended easterly is as shown on a map filed in the office of the City Clerk on July 12, 1943, attached to Ordinance 71 passed July 12, 1943. The boundaries of Rock River between the north line of the Court Street Bridge and the south line of the original Racine Street Bridge are as shown on a map filed in the office of the City Clerk on January 20, 1934, attached to Ordinance 8 passed January 15, 1934. The boundaries of Rock River located near the sewage disposal plant are as follows: that portion of the north river boundary of Rock river lying between the Wisconsin Power and Light Company's lower plant No. 2 and the west line of fractional Lot 2, Section 2, Township 2, Range 12 East, described as follows: commencing at the north one-quarter corner of Section 2-2-12, thence south along the north-and-south centerline of said section 1514.92 feet; thence south 87°33' west 383.85 feet to a point of beginning; thence westerly continuing along the same line 412.2 feet to a point 250 feet south of the centerline of the Chicago and Northwestern Railway by the shortest line between those points, thence on a line parallel to and 250 feet southerly of the centerline of the Chicago and Northwestern Railway south 69°18' west to the intersection of the west line of said fractional Lot 2, all as shown by a map filed in the office of the City Clerk on October 16, 1933, attached to Ordinance 6 passed December 4, 1933. The boundaries of Rock River, easterly shore, between Centerway and Traxler Park are as follows: beginning 4.50 feet westerly from the northwesterly corner of the easterly abutment of the Centerway Bridge, which point is 135 feet westerly from the westerly right-of-way line of North Main Street, as measured along the northerly right-of-way line of Centerway, and running thence northwesterly in a direct line 510.90 feet, more or less, to the northwesterly corner of the easterly abutment of the railway bridge used jointly by the Chicago and Northwestern Railway and the Chicago, Milwaukee, St. Paul and Pacific Railway, which latter point is 175 feet, more or less, westerly from the westerly right-of-way line of North Main Street; thence continuing northwesterly in a direct line 820.10 feet, more or less, to a point on the southerly line of vacated Sheldon Street, which latter point is 235.63 feet westerly from the westerly line of North Main Street, as measured along the southerly line of said vacated Sheldon Street; thence continuing northwesterly in a direct line 442.30 feet, more or less, to a point on the southerly line of Traxler Park, which line is also the westerly extension of the southerly right-of-way line of Hyatt Street, said latest point being 432.63 feet westerly from the easterly right-of-way line of North Main Street, as measured along the southerly line of Traxler Park, and which is the terminus of said bulkhead line, all as shown on a map filed in the office of the City Clerk annexed to Ordinance 179 adopted May 16, 1966. The lines of ordinary watermark in said river shall be deemed its boundaries at all other places within the City.
bBulkhead line along the northwesterly shore: commencing at the point of intersection of the centerline of Afton Road, a surveyed and dedicated highway, with the west line of Section 2, Township 2 North, Range 12 East of the 4th Principal Meridian, said west line being the existing City limit line at this location, and running thence south 1°10'25" east along the west line of said Section 2, 405.5 feet to a point on the northwesterly shore of-Rock River from the place of beginning of this bulkhead line description; thence north 51°28'05" east 399.7 feet; thence north 68°39'15" east 1,380 feet to a terminal point at the westerly end of the sewage treatment plant site.
cBulkhead line along the southeasterly and easterly shore: beginning at a point on the southeasterly shore of Rock River, which point is south 21°20'45" east 275 feet from the terminal point described in Subsection (b) of this section, and running thence south 66°44'42" west 750.4 feet; thence south 64°16'45" west 526.3 feet; thence south 53°44'45" west 400 feet; thence south 51°28'05" west 259.6 feet; which latter point is south 1°10'25" east 427.7 feet from the place of beginning of the bulkhead line on the northwesterly shore described in Subsection (b) of this section; thence continuing south 51°28'05" west 538.8 feet; thence south 60°35'35" west 382.7 feet; thence south 54°31'20" west 80 feet; thence 120.03 feet along a circular arc to the left, said arc having a central angle of 32°47'50," a radius of 209.70 feet, a tangent length of 61.71 feet; and a main chord of 118.40 feet bearing south 38°97'25" west; thence south 21°43'30" west 1,042.5 feet; thence south 39°09'05" west 1,079.5 feet; thence south 24°16'10" west 389.4 feet; thence south 46°18'35" west 467.3 feet; thence south 33°08'55" west 200.6 feet; thence south 10°43'30" west 355.2 feet; thence south 6°42'20" west 201.2 feet; thence south 5°45'35" east 498.7 feet; thence south 0°54'40" east 552.3 feet; thence south 16°31'45" west 259.3 feet; thence south 14°45'50" west 276.6 feet; thence south 4°00'30" west 811.7 feet; thence south 3°34'30" west 55 feet, more or less, to the south line of the north half of the south half of Section 10, Township 2 North, Range 12 East of the 4th Principal Meridian, which is the existing southerly City limit line at this location.
(Code 1976, § 12.64.010) :::
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Sec. 34-483. Rock River---Construction and refuse unlawful when.
No person shall drive any piles, lay any foundation, construct any wall, or build or maintain any building, platform or other structure in or over any part of Rock River without the permission of the Council. No person shall place or deposit in said river any earth, stone, ashes, paper boxes, tin cans, glass products, broken glass, oil or petroleum products, brush, refuse, rubbish or other substance whatsoever tending to pollute said river, or to obstruct its flow or to render the same unsightly or unsafe.
(Code 1976, § 12.64.020) :::
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Sec. 34-484. Rock River---Sanitary regulations.
No person shall erect or maintain any privy on the bank or over Rock River, or any headrace connected therewith, or drain any sanitary sewer in said river in such manner that filth from such privy or sewage from such sanitary sewer shall fall, flow or drain into said river at any place within the City limits. No person shall place or deposit in Rock River, or in any headrace connecting therewith, any carcass, carrion, offal or other substance which is, or is likely to become unwholesome or offensive.
(Code 1976, § 12.64.030) :::
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Sec. 34-485. Penalty.
Any person who violates any of the provisions of Sections 34-482 through 34-484 shall forfeit and pay to the City a penalty of not to exceed $500.00 for each offense, together with the costs of prosecution, and in default of the payment of such penalty shall be imprisoned not to exceed 90 days.
(Code 1976, § 12.64.040) :::
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Sec. 34-486. Rock River and Lions Beach Lake---Regulation applicability.
The provisions of Sections 34-487 and 34-488 shall apply to that part of Rock River which is within the City limits, and to Lions Beach Lake.
(Code 1976, § 12.64.050) :::
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Sec. 34-487. Rock River and Lions Beach Lake---State boating and water safety laws adopted.
The statutory provisions describing and defining regulations with respect to water traffic, boats, boating, and related water activities in the following enumerated sections of the Wisconsin Statutes, exclusive of any provisions therein relating to the penalties to be imposed or the punishment for violation of said statutes, are adopted and by reference made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by the provision of any statute incorporated by reference herein is required or prohibited by this section.
1Wis. Stats. § 30.50---Definitions.
2Wis. Stats. § 30.51---Operation of unnumbered boats prohibited; exemptions.
3Wis. Stats. § 30.53---Identification number to be displayed on boat; certificate to be carried.
4Wis. Stats. § 30.60---Classification of motorboats.
5Wis. Stats. § 30.61---Lighting equipment.
6Wis. Stats. § 30.62---Other equipment.
7Wis. Stats. § 30.64---Patrol boats exempt from certain traffic regulations.
8Wis. Stats. § 30.65---Traffic rules.
9Wis. Stats. § 30.66---Speed restrictions. (Paragraph (1) only adopted.)
10Wis. Stats. § 30.67---Accidents and accident reports. (Paragraphs (1) and (3)(a)only.)
11Wis. Stats. § 30.68---Prohibited operation.
12Wis. Stats. § 30.69---Water skiing.
13Wis. Stats. § 30.71---Boats equipped with toilets.
14Wis. Stats. § 30.76---Deposit of money to obtain release from arrest.
(Code 1976, § 12.64.060) :::
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Sec. 34-488. Penalty.
aAny person convicted of violating any provision adopted by reference in Section 34-487, which is described in either Wis. Stats. § 30.67(l) or 30.68(l), shall be fined not more than $200.00 or imprisoned not more than 60 days, unless the fine is paid sooner.
bAny person convicted of violating any other provision of Sections 34-486 and 34-487 shall be fined not more than $50.00 for the first offense, or not more than $100.00 on conviction of the same offense a second or subsequent time within one year. In case such fine is not paid, the person convicted may be imprisoned not more than 30 days in case of the first offense, and 90 days in case of the second offense, unless in each instance the fine is paid sooner.
(Code 1976, § 12.64.070) :::
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Chapter 38 TRAFFIC AND VEHICLES20
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ARTICLE I. IN GENERAL
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Sec. 38-1. State traffic laws adopted.
Except as prohibited by law, all provisions of Wis. Stats. chs. 340---348, inclusive, describing and defining regulations and procedures with respect to vehicles and traffic are adopted and by reference made a part of this chapter as if fully set forth. Any act required to be performed or prohibited by any statute so incorporated by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutes incorporated by this chapter are also adopted and incorporated in order to secure uniform statewide regulation of traffic in Wisconsin.
(Code 1976, § 10.04.010; Ord. No. 82-298, § 1(part), 1982) :::
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Sec. 38-2. Wisconsin Administrative Code adopted.
Except as prohibited by law, all provisions of the Wisconsin Administrative Code describing and defining regulations and procedures with respect to vehicles and traffic are adopted and by reference made a part of this chapter as if fully set forth. Any act required to be performed or prohibited by the Wisconsin Administrative Code so incorporated by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the provisions incorporated by this chapter are also adopted and incorporated in order to secure uniform statewide regulation of traffic in Wisconsin.
(Code 1976, § 10.04.015; Ord. No. 82-298, § 1(part), 1982) :::
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Sec. 38-3. Violation---Penalty.
aThe penalty for violating Sections 38-1 and 38-2, and for violating a City ordinance for which a state statute or state administrative code is so adopted by reference, shall be a forfeiture as provided in the applicable penalty provisions of Chapters 340---348 of the Wisconsin Statutes (Wis. Stats. chs. 340---348), together with the costs of prosecution and disbursements of the action. In default of payment of a court imposed forfeiture, the defaulting violator shall be dealt with according to law.
bAdditional relief for violation of the state traffic laws, administrative codes, and city traffic ordinances are as set forth elsewhere in this chapter.
(Code 1976, § 10.04.020; Ord. No. 82-298, § 1(part), 1982; Ord. No. 2025-911, § VII, 1-27-2025) :::
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Sec. 38-4. Unregistered motor vehicles prohibited; immobilization; removal; disposal.
aIn this section:
1"Immobilization device" means a device or mechanism that immobilizes a motor vehicle by doing any of the following:
a. Locking around a wheel, thereby making the motor vehicle inoperable.
b. Being placed upon the front windshield to obstruct the driver's view through the windshield.
2"Owner" has the meaning given in Wis. Stats. § 340.01(42) and, with respect to a vehicle that is registered, or required to be registered, by a lessee of the vehicle under state law, includes the lessee of the vehicle.
3"Parking enforcer" means a person who enforces nonmoving traffic violations and who is employed by any municipality or county or by the state.
4"Unregistered motor vehicle" means any motor vehicle that is located upon a public highway and that is not displaying valid registration plates, a temporary operation plate, or other evidence of registration as provided under Wis. Stats. §§ 341.18 and/or 341.17 for the vehicle's current registration period or for a registration period for the vehicle that expired within the immediately preceding 31 days.
5A violation of the applicable state laws (such as, but not limited to. Wis. Stats. §§ 341.03 and/or 341.04), including but not limited to the prohibition of unregistered motor vehicles being present upon a public highway, is a violation of Janesville General Ordinance Section 38-1 and/or Section 38-2, as applicable, and vice-versa.
b(1) Pursuant to Wis. Stats. § 341.65, as from time to time amended or remembered, the Common Council of the City of Janesville hereby enact these ordinances prohibiting any unregistered motor vehicle from being located upon a public highway, and governing the immobilization, removal, and disposal of unregistered motor vehicles, and providing a forfeiture in addition to providing for the recovery by the city of the costs and expenses for immobilizing the motor vehicle with an immobilization device, and for impounding, towing, storing, and disposing of the offending motor vehicle. The JPD and/or the city may contract with others to act on its behalf in immobilizing, towing, impounding, storing, and disposing of offending motor vehicles.
2This section permits the immobilization of a motor vehicle for such incidents or violations, and prohibits any person, other than a Janesville police officer, from removing, disconnecting, tampering with, or otherwise circumventing the operation of an immobilization device, except upon release of the motor vehicle to the owner or to make necessary repairs to a malfunctioning immobilization device.
3Any City of Janesville police officer, or other municipal or university police officer, sheriff's deputy, county traffic patrolman, state traffic officer, conservation warden, parking enforcer, or other person authorized under state law who discovers any unregistered motor vehicle located upon any highway may cause the motor vehicle to be immobilized with an immobilization device or removed to a suitable place of impoundment. Upon immobilization or removal of the motor vehicle, the officer, warden, parking enforcer, or other authorized person shall notify the sheriff or chief of police of the location of the immobilized or impounded motor vehicle and the reason for the immobilization or impoundment. Upon causing the removal of the motor vehicle by a towing service, the officer, warden, parking enforcer, or authorized person shall, within 24 hours of ordering the removal, notify the towing service of the name and last-known address of the registered owner and all lienholders of record of the vehicle, unless the officer or parking enforcer is employed by a municipality or county that has entered into a towing services agreement which requires the municipality or county to provide notice to such owner and lienholders of the towing.
4The City of Janesville, from time to time and at any time, may enter into one or more contracts with persons that authorizes such persons to conduct placement and removal of immobilization devices, towing, impoundment, storage, and removal of the offending vehicles as provided in this section. Contracts entered into under this paragraph may allow for remote unlocking and removal of an immobilization device.
5The owner of any unregistered motor vehicle is responsible for paying all costs, fees, and expenses of immobilizing, impounding, towing, storing, and disposing of the motor vehicle. Costs not recovered from the sale of the motor vehicle may be recovered in a civil action by the city against the owner. Whether or not the municipality recovers the cost of towing and enforcement, the city shall be responsible to the towing service for requisitional towing service and reasonable charges for impoundment.
6Notwithstanding subsection (7), the owner of an unregistered motor vehicle that is immobilized with an immobilization device or impounded under this section may secure release of the motor vehicle by paying any and all forfeiture(s) imposed for violations of the state law and the city's non-registered vehicle ordinance which adopts the state law, and for other violation(s) of this section, and all of the reasonable costs of immobilizing or impounding the motor vehicle or both, and providing satisfactory evidence of one of the following:
a. That the motor vehicle is currently registered in this state.
b. That a complete application for registration for the motor vehicle, including evidence of inspection under Wis. Stats. § 110.20 when required, accompanied by the required fee has been delivered to the department of transportation or deposited in the mail properly addressed with postage prepaid.
c. That the motor vehicle is exempt from registration under state law.
7Any motor vehicle in violation of the state law or city ordinance governing unregistered vehicles on public highways may be immobilized with an immobilization device or impounded until lawfully claimed or disposed of under this section, except that if it is deemed by a duly authorized city official, employee, police officer, or city representative that the costs, fees, and expenses for towing, storage, and disposal of the motor vehicle, and the charges for the impoundment in aggregate would exceed the fair market value of the vehicle, the motor vehicle may be junked or sold by the city prior to expiration of the impoundment period upon determination by the chief of police that the motor vehicle is not stolen or otherwise wanted for evidence or other reason. All substantially complete motor vehicles in excess of 19 model years of age shall be disposed of in accordance with subsection (8) or otherwise as allowed by law.
8Any motor vehicle which is impounded and not disposed of under subsection (7) shall be retained in storage for a minimum period of ten days after certified mail notice has been sent to the owner and lienholders of record, if known or readily ascertainable, to permit reclamation of the motor vehicle after payment of accrued charges, fees, costs, and expenses for reclamation of the motor vehicle by the owner, compliance with subsection (6). Such notice shall set forth the year, make, model, and serial number of the motor vehicle, and the place where the motor vehicle is being held, and shall inform the owner and any lienholders of their right to reclaim the motor vehicle. The notice shall state that the failure of the owner or lienholders to exercise their rights to reclaim the motor vehicle under this section shall be considered a waiver of all right, title, and interest in the motor vehicle and a consent to the sale of the motor vehicle. Each retained motor vehicle not reclaimed by its owner or lienholder may be sold. The city may dispose of the motor vehicle by sealed bid or auction sale. At such sale, the highest bid for any such motor vehicle shall be accepted unless the same is considered inadequate by a duly authorized city representative in which event all bids may be rejected. If all bids are rejected or no bid is received, the city may either readvertise the sale, adjourn the sale to a definite date, sell the motor vehicle at a private sale, or junk the motor vehicle. Any interested person may offer bids on each motor vehicle to be sold. If municipal or county ordinances do not state the procedure to be followed in advertising or providing public notice of the sale, a public notice shall be posted at the office of the city police department or the office of the county sheriff. The posting of the notice at the police department or sheriff's department shall be in the same form as the certified mail notice sent to the owner or lienholders of record. Upon sale of a motor vehicle, the city shall supply the purchaser with a completed form designed by the department enabling the purchaser to obtain a regular certificate of title for the motor vehicle. The purchaser shall have ten days to remove the motor vehicle from the storage area, but shall pay a reasonable storage fee established by the municipality or county for each day that the motor vehicle remains in storage after the 2nd business day subsequent to the sale date. Ten days after the sale, the purchaser shall forfeit all interest in the motor vehicle, and the motor vehicle shall be considered to be abandoned and may be sold again. Any listing of motor vehicles to be sold by the city shall be made available to any interested person or organization which makes a written request for such list. The city may charge a fee for the list.
a. Within five days after the sale or disposal of a motor vehicle as provided in this section, the city police department shall advise the Wisconsin Department of Transportation of the sale or disposition on a form supplied by the DOT.
(Ord. No. 2025-911, § VIII, 1-27-2025) :::
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Sec. 38-5. Authority to impound vehicles engaged in reckless driving.
aPursuant to Wis. Stats. § 349.115, as from time to time amended or remembered, the Common Council of the City of Janesville hereby enacts these ordinances authorizing a law enforcement officer to impound any vehicle used in the commission of a violation of Wis. Stats. § 346.62 (reckless driving) or a local ordinance in strict conformity with Wis. Stats. § 346.62 at the time of issuing a citation for the offense if the person cited is the owner of the vehicle and the person has a prior conviction for a violation of Wis. Stats. § 346.62 or a local ordinance in strict conformity with Wis. Stats. § 346.62 for which a forfeiture was imposed that has not been fully paid.
bThis section provides for impoundment of the vehicle until the person fully pays the prior forfeiture amount and reasonable costs of impounding the vehicle, together with the reasonable costs, fees, and expenses of towing, other transportation costs, storage, and related costs. The JPD and/or the city may contract with others to act on its behalf in immobilizing, towing, impounding, storing, and disposing of offending motor vehicles.
cThe city shall return to its owner a vehicle impounded under this section upon payment of the amounts required under this section.
dThe city may dispose of such impounded vehicles under by following the same procedure as provided for disposing of an abandoned vehicle under Wis. Stats. § 342.20 if the impounded vehicle remains unclaimed for more than 90 days after the disposition of the citation for which the vehicle was impounded.
(Ord. No. 2025-911, § IX, 1-27-2025) :::
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Secs. 38-6---38-24. Reserved.
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ARTICLE II. DEFINITIONS
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Sec. 38-25. Generally.
In this chapter, the following words, terms and phrases shall have the meaning designated in this chapter unless a different meaning is expressly provided or the context clearly indicates a different meaning.
(Code 1976, § 10.08.010; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-26. Bus loading zone.
Bus loading zone means the area adjacent to the curbline of any street in which no person shall park, stop, or leave standing any vehicle except a motor bus, as defined by Wisconsin Statutes. Such bus loading zone shall be indicated by official traffic signs or markers stating "bus loading zone" or "bus stop."
(Code 1976, § 10.08.020; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-27. Leased parking.
Leased parking means a parking stall or area that is leased from the City to a specific individual or business and which entitles such individual or business to exclusive use of such stall or area at all times during the term of the lease.
(Code 1976, § 10.08.030; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-28. Loading zone.
Loading zone means the area adjacent to the curbline of any street in which no person shall park, stop or leave standing any vehicle for any purpose or length of time unless actually engaged in unloading and delivery or receipt and loading of merchandise, material or passengers.
(Code 1976, § 10.08.040; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-29. Official traffic signs or markers.
Official traffic signs or markers means all signs, signals, markings and devices placed or erected by authority of the public body having jurisdiction for the purpose of regulating traffic or parking. A curb painted yellow, whether solidly or intermittently, shall be considered an official marker indicating that the parking of vehicles is prohibited in the street immediately adjacent to such painted curb.
(Code 1976, § 10.08.050; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-30. Parallel parking.
Parallel parking means a method of parking in which a vehicle shall be parked facing in the direction of traffic with the wheels that are nearest the curb or edge of the street within 12 inches of such curb or edge of the street. The vehicle shall be parked at least two feet from the nearest vehicle unless a different parking space or system of parallel parking is clearly indicated.
(Code 1976, § 10.08.060; Ord. No. 83-335, § 1(part), 1983) :::
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Secs. 38-31---38-48. Reserved.
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ARTICLE III. CITY MANAGER AUTHORITY
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Sec. 38-49. Purpose.
To promote the public safety and general welfare, and to provide more flexibility in the use of public streets and public parking lots, and to increase speed of adaption to changing conditions, and to decrease the cost of publishing ordinances, this delegation of authority, as set out in this article, has been established for the purpose of utilizing the authority which may be delegated by the City Council pursuant to Chapter 349 of the Wisconsin Statutes (Wis. Stats. ch. 349).
(Code 1976, § 10.12.010; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-50. Delegation of duties to City Manager.
The City Council delegates to the City Manager, or his or her designee, such authority as may be delegated by Chapter 349 of the Wisconsin Statutes (Wis. Stats. ch. 349) to control the public streets and parking lots of the City, and to establish, alter or repeal rules and regulations concerning such areas. No such rule or regulation shall be made in contravention of any ordinance, and in case of conflict between any such rule or regulation and an ordinance, the ordinance shall control. No rule or regulation shall be adopted pursuant to this section until the City Manager, or his or her designee, has first consulted with the Director of Public Works, the Chief of Police, and the City Engineer. No rule or regulation adopted pursuant to this section shall be effective unless official traffic signs or markers have been placed or erected indicating the particular prohibition, limitation or restriction. A list of all current rules and regulations adopted pursuant to this section shall be kept on file in the City Engineer's office and shall be open to public inspection during regular office hours.
(Code 1976, § 10.12.020) :::
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Sec. 38-51. Designation of areas.
Pursuant to the authority delegated to the City Manager in this article, the City Manager shall designate and cause to be appropriately signed the areas on the streets and in public parking lots with specific time limitations, the areas reserved for leased parking, and the areas in which specific rules or regulations apply, including, but not limited to, bus loading zones, handicapped parking areas, loading zones and no parking areas.
(Code 1976, § 10.12.030; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-52. Leased parking fees.
The City Manager shall provide for leasing stalls in leased parking areas. The fee for a leased stall may vary depending upon the location of such stall. The fee for a leased stall shall be established by the City Manager as part of the rules and regulations.
(Code 1976, § 10.12.040; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-53. Temporary parking regulation.
The City Manager or the Chief of Police is authorized to make temporary parking regulations to provide for unusual conditions or to test the feasibility of such regulations. No such temporary parking regulations shall be valid unless such regulations have been reviewed by the City Engineer and the area affected is posted with official traffic signs or markers. No such temporary parking regulations shall remain in effect for more than 90 days. A list of such regulations shall be placed on file in the City Engineer's office and shall be open to public inspection during regular office hours.
(Code 1976, § 10.12.050; Ord. No. 83-335, § 1(part), 1983) :::
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Secs. 38-54---38-79. Reserved.
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ARTICLE IV. THROUGH HIGHWAYS21
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Sec. 38-80. Through arterial streets.
The following are declared to be through arterial streets:
Arterial Street Except at
Afton Road (Rockport Road to south City limits) Traffic moving westerly on Rockport Road need not stop and traffic moving southwesterly from Rockport Road onto the Afton Road may proceed without stopping
South Arch Street (Rockport Road to West Court Street)
Atwood Avenue East Court Street to East Milwaukee Street/Milton Avenue
Beloit Avenue (south City limits to South Main Street)
Benton Avenue (Harding Street to Milton Avenue)
Black Bridge Road (North Parker Drive to Milton Avenue)
Center Avenue (West Court Street to south City limits)
East and West Centerway (West Court Street to East Milwaukee Street) North Garfield Avenue (4-way)
East and West Court Street (Atwood Avenue to west City limits) South Jackson Street and South River Street
South Crosby Avenue (Rockport Road to West Court Street)
East and West Delavan Drive (Center Avenue to east City limits) Beloit Avenue
Elida Street (at North Martin Road)
Foster Avenue (Kennedy Road to Norwood Road)
North Franklin Street (North Washington Street to Centerway)
Glen Street (North Parker Drive through Harding Street)
Harding Street (Glen Street through Benton Avenue) East Memorial Drive
North and South Jackson Street (Mineral Point to West Court Street and West Racine Street to Kellogg Avenue) Traffic moving northerly on South Jackson Street shall be required to stop at Reuther Way
Kellogg Avenue (South Jackson Street to Center Avenue)
Kennedy Road (Milton Avenue to U.S. Highway 14)
Linden Avenue (at North Pine Street)
North and South Main Street (Beloit Avenue to, and including Hyatt Street)
East and West Memorial Drive (Milton Avenue to west City's limits)
Midvale Drive (at Deerfield Drive)
Milton Avenue (north city limits to East Milwaukee Street)
East Milwaukee Street (east City limits to East Centerway)
East and West Milwaukee Street (Center Avenue/Centerway to Garfield Avenue) North and South Jackson Street and North and South River Street
North and South Parker Drive
Mt. Zion Avenue (Milton Avenue to Milwaukee Street)
Norwood Drive (Kennedy Road through Foster Avenue)
North Parker Drive (East Milwaukee Street to north City limits)
Pearl Street (Rockport Road to North Washington Street) Court Street Ravine Street (4-way)
East and West Racine Street (I39/90 to east City limits and South Main Street through South River Street)
Reuther Way (Beloit Avenue to South Jackson Street) Traffic moving northerly on South Jackson Street shall be required to stop at Reuther Way
South River Street (West Court Street to Rockport Road)
Rockport Road (South Jackson Street to South River Street and Center Avenue to west City limits) Afton Road (1) Westbound traffic on Rockport Road shall be required to stop at South Franklin Street and (2) at Afton Road, eastbound Rockport and northbound to westbound Afton traffic shall be required to stop
North Washington Street (northwest City limits through North Franklin Street/North Pearl Street)
Wright Road (Mt. Zion Avenue to Humes Road (U.S.H. 14))
South Wright Road (East Racine Street to south City limits)
(Code 1976, § 10.16.010; Ord. No. 2020-785, 4-13-2020; Ord. No. 2022-850, § I, 8-2-2022; Ord. No. 2023-872, § I, 9-11-2023; Ord. No. 2024-906, § II, 12-9-2024) :::
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Sec. 38-81. Connecting arterial streets.
The following are declared to be connecting arterial streets:
Connecting Arterial Streets Except at
North and South Academy Street (Rockport Road to Ravine Street) Centerway West, Court Street, West Racine Street
North Arch Street (West Court Street to Mineral Point Avenue) Ravine Street
Atwood Avenue (Oakland Avenue to East Court Street and East Milwaukee Street/Milton Avenue to Prospect Avenue)
Austin Road (West Court Street to Mineral Point Avenue)
Bell Street (Humes Road to dead end north of Morse Street)
Black Bridge Road (Milton Avenue to North Pontiac Drive) North Randall Avenue, Liberty Lane
Blackbridge Road (U.S.H. "51 [N. Parker Dr.]---C.T.H. "F")
Bond Place (North Crosby Avenue through Waveland Road)
Brunswick Lane (At Princeton Road)
Burbank Avenue (At South Chatham Street)
Caroline Street (Prospect Avenue to East Memorial Drive) Glen Street, East Centerway
Centerway
Clark Street (at Northbound South Garfield Avenue)
Conde Street (South Willard Avenue to South Oakhill Avenue)
East Court Street (Atwood Avenue to East Milwaukee Street)
Creston Park Drive (North Randall Avenue to Milton Avenue)
North Crosby Avenue (West Court Street to Highland Avenue)
South Crosby Avenue (Rockport Road to Crosby-Willard Bridge)
Curry Lane (Morningside Drive to North Wright Road)
Deerfield Drive (Kettering Street/East Rotamer Road to Midvale Drive)
Eastwood Avenue (at South Martin Road)
Elm Lane (at Glen Street)
Forest Park Boulevard (at Oakland Avenue)
North and South Franklin Street (Centerway through Dodge Street and West Court Street to Rockport Road) Traffic moving westerly on West Wall Street may proceed without stopping; traffic moving northerly and southerly on North Franklin Street shall be required to stop at West Wall Street; traffic moving westerly on Rockport Road shall be required to stop Dodge Street (all-way)
South Fremont Street (East Racine through Tyler Street) Traffic moving east on Tyler Street turning north or south onto South Fremont Street may proceed without stopping
South Fremont Street (at Oakland Avenue)
North and South Garfield Avenue (East Memorial Drive to East Racine Street) Walker Street (4-way), Oakland E., Court Street (Ruger Avenue), East Centerway (4-way)
South Garfield Avenue (Tyler Street to Clark Street)
Glen Street (North Garfield Avenue to Harding Street) Milton Avenue
North Grant Avenue (at Bond Place)
North Grant Avenue (West Court Street to West Memorial Drive) Ravine Street, Mineral Point Avenue, Highland Avenue
South Grant Avenue (at Burbank Avenue)
North and South Harmony Drive (Harmony Circle to Hillcrest Drive) East Milwaukee Street, Ruger Avenue
Hawthorne Avenue (Milton Avenue to Harmony Circle) Ringold Street and North Randall Avenue
Hedberg Public Library, East-West Access Driveway [Private] (At Water Street)
South High Street (Centerway to West Court Street) West Milwaukee Street
Highland Avenue (North Washington Street through Marion-Crosby Avenue) North Pearl Street, North Oakhill Avenue, traffic northbound on Crosby Avenue to northbound on Marion Avenue shall stop for westbound Highland Avenue traffic turning left to go south on Crosby Avenue and then shall yield to westbound Highland Avenue traffic turning right to go north on Marion Avenue. Traffic southbound on Marion Avenue to southbound on Crosby Avenue may proceed without stopping but shall yield to traffic on Highland Avenue
Holiday Drive (Kennedy Road to Pontiac Drive) Milton Avenue
Holly Drive (at Saratoga Drive)
Holmes Street (at South Locust Street)
Holmes Street (Randall Avenue to Main Street) Garfield Avenue, Ringold Street (4-way), Atwood Avenue
Humes Road Crossover to Access Roads (both sides), 500 feet West of Milton Avenue
Humes Road Crossover to Access Road, south side of Humes Road at Bell Street
I&M Rail Link Railroad Crossing (at West Racine Street between South Pine Street and South Palm Street)
I&M Rail Link Railroad Crossing (at Jerome Avenue between West State Street and Delavan Drive)
I&M Rail Link Railroad Crossing (At Putnam Avenue Between West State Street and Delavan Drive)
North Jackson Street (Mineral Point Avenue to West Milwaukee Street) West Milwaukee Street
South Jackson Street (West Milwaukee Street to Rockport Road and Kellogg Avenue to the south City limits) West Court Street,
West Milwaukee Street,
West Racine Street
Joliet Street (Center Avenue to South River Road) South Oakhill Avenue, Willard Avenue
John Paul Road (Milton Avenue/ST Hwy 26 to north City limits)
Kellogg Avenue (Reuther Way to South Jackson Street and Center Avenue through River Road) Northbound traffic on South River Road may proceed without stopping
Kennedy Road (U.S. Highway 14 to north City limits)
Kettering Street (Deerfield Drive/East Rotamer Road through Whitney Street)
King Street (South River Road to South Willard Avenue and at Chatham Street)
LaFayette Street (at Conde Street)
Lapham Street (at South Pine Street) Westbound Lapham traffic shall also stop
Lapham Street (at South Walnut Street)
Laurel Avenue (North Oakhill Avenue to North Pearl Street and at North Washington Street)
Lexington Drive (Mohawk Road to Holiday Drive) Mt. Zion Avenue, East Milwaukee Street, Ruger Avenue, Black Bridge Road
North Lexington Drive (Holiday Drive to Humes Road) Private Drive located 630 feet north (centerline to centerline) of Liberty Lane
Liberty Lane (Mt. Zion Avenue to Holiday Drive) Randolph Road
Marion Avenue (Highland Avenue to Memorial Drive)
Martin Road (the crosswalk in front of the Craig High School which runs east and west and is in line with an extension easterly of Oakland Avenue)
Mayfair Drive (At Hoover Street)
McKinley Street (At South Cherry Street)
East Memorial Drive (Milton Avenue to Harmony Drive) Ringold Avenue (4-way), Randall Avenue
East Memorial Drive (Milton Avenue to Harmony Drive)
Midvale Drive (at Greenwood Drive)
Milton Avenue Crossover to Access Road, west side of Milton Avenue 600 feet south of the Crossover of Humes Road (USH 14)
Milton Avenue Crossover to Access Road, west side of Milton Avenue at Lodge Drive
Milton Avenue Crossover to Access Road, east side of Milton Avenue at Lodge Drive
Milton Avenue Crossover to Access Road, east side of Milton Avenue 600 feet south of the Crossover of Humes Road (USH 14)
Milton Avenue Crossover to Access Road (west side) 600 feet north of Humes Road
Mineral Point Avenue (North Franklin Street to west City limits) Terrace Street (4-way), North Oakhill Avenue (4-way), Pearl Street (4-way), North Grant Avenue (4-way)
Mohawk Road (Palmer Drive to South Lexington Drive)
Morningside Drive (East Milwaukee Street Curry Lane) Mt. Zion Avenue
Morse Street (North Pontiac Drive---Milton Avenue [S.T.H. 26]) Ryan Road
Mt. Vernon Avenue (at South Huron Drive)
Mt. Zion Avenue (at Woodman Road)
Newville Road (Humes Road/U.S. Hwy 14 to north City limits)
Norwood Drive (Foster Avenue to Hoover Street)
South Oakhill Avenue (West State Street to south City limits) State Street (4-way), Kellogg Avenue
North Oakhill Avenue (West Court Street to Hamilton Avenue) Mineral Point Avenue (4-way), Ravine Street (4-way)
Oakland Avenue (South Main Street to Forest Park Boulevard)
South Palm Street (At Mill Street)
Palmer Drive (Beloit Avenue to Wright Road) East Racine Street
Parkside Drive (North Washington to the south right-of-way line of Riverside Park)
Park View Drive (North Wright Road---Wuthering Hills Drive)
Pond Road/vacated South Randall Avenue (at Sharon Road) Northbound Sharon Road may proceed without stopping
Pontiac Drive (Mt. Zion Avenue to Humes Road [U.S. Highway 14])
Pontiac Drive (Mt. Zion Avenue to Lexington Drive) Milwaukee Street, Ruger Avenue
North Pontiac Drive (U.S. Highway 14 Morse Street)
East and West Racine Street (South River Street through South Washington Street and South Main Street to I-39/90) South Jackson Street
North and South Randall Avenue (Tyler Street to Randolph Road) Racine Street, Holmes Street (4-way), Ruger Avenue (4-way), Milwaukee Street (4-way), Mt. Zion Avenue (4-way)
Randolph Road (Milton Avenue to North Pontiac Drive) Lexington Drive
Randolph Road (Morningside Drive through Holly Drive) Wright Road
Ravine Street (North Franklin Street to Madison schoolground) Jackson Street, North Pearl Street (4-way)
North and South Ringold Street (East Racine Street to Creston Park) Mt. Zion Avenue, Memorial Drive (4-way), East Milwaukee Street, Ruger Avenue, East Holmes Street (4-way)
South River Road (West State Street to south City limits) Kellogg Avenue (northbound traffic on South River Road may proceed without stopping
North and South River Street (Mineral Point Avenue to West Court Street) Centerway traffic moving east on Ravine Street turning south onto North River Street may proceed without stopping
Riverside Street (at Northbound South Palm Street)
Rockport Road (Center Avenue to South Jackson Street)
East Rotamer Road (Milton Avenue to east City limits)
West Rotamer Road (Whitney Street to north corporate limits)
Ruger Avenue (East Court Street to east City limits) Randall Avenue (4-way), Wright Road (4-way)
Sandhill Drive (North Wright Road to North Harmony Town Hall Road) Sandstone Drive Roundabout
St. Lawrence Avenue (Rock River to Atwood Avenue) Main Street
Sharon Road (at Pond Road and vacated South Randall Avenue)
Skyview Drive (south Wright Road to Wuthering Hills Drive)
West State Street (Center Avenue to River Road) South Oakhill Avenue (4-way)
East State Street (Jackson Street to Beloit Avenue)
North Terrace Street (Mineral Point Avenue to North Washington Street and at its intersection with Laurel Avenue) Mineral Point Avenue (4-way)
South Terrace Street (at its intersection with South Pearl Street)
Tripp Road (Afton Road to Hayner Road)
Tyler Street (South Main Street to Randall Avenue) Except that traffic moving south on South Fremont Street may turn onto Tyler Street without stopping
U.S.H. 14 (at Access Road east side of Milton Avenue)
Van Buren Street (at South Parker Drive)
Walker Street (at Sutherland Avenue)
Walker Street (at Thomas Street)
North Washington Street (North Terrace Street to North Franklin Street/North Pearl Street)
Whitney Street (West Rotamer Road through Kettering Street) Northbound Whitney Street at Kettering Street and Westbound Kettering Street to Northbound Whitney Street
South Willard Avenue (Riverview Drive to Kellogg Street) State Street
South Wisconsin Street (at East Van Buren Street)
Woodman Road (at Lowell and Newman Streets)
Wright Road (East Racine Street to East Milwaukee Street) Ruger Avenue
Wright Road (U.S. Highway 14 to East Rotamer Road) Wright Road to stop at East Rotamer Road
Wuthering Hills Drive (S.T. Hwy 11/E. Racine Street through Prairie Fox Drive)
(Code 1976, § 10.16.020; Ord. No. 2020-785, 4-13-2020; Ord. No. 2022-837, 4-11-2022; Ord. No. 2022-850, § II, 8-2-2022; Ord. No. 2022-836, § I, 9-12-2022; Ord. No. 2022-854, § II, 11-14-2022; Ord. No. 2024-906, § III(A), 12-9-2024) :::
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Secs. 38-82---38-105. Reserved.
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ARTICLE V. CONTROLLED INTERSECTIONS
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Sec. 38-106. Signalized intersection.
The following intersections shall be controlled by traffic-control signals:
1North Wright Road and Brunswick Lane;
2North Wright Road and Parkview Drive;
3North Crosby Avenue and Mineral Point Avenue.
(Code 1976, § 10.18.010) :::
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Sec. 38-107. All-way stop sign intersections.
The following intersections shall be controlled by stop signs:
1North Garfield Avenue and Walker Street;
2North Ringold Street and Memorial Drive;
3South Ringold Street and East Holmes Street;
4South Randall Avenue and East Holmes Street;
5South Randall Avenue and Ruger Avenue;
6Arbor Drive and South Harmony Drive;
7Mohawk Road and South Lexington Drive;
8West State Street and South Oakhill Avenue;
9Mineral Point Avenue and North Oakhill Avenue;
10Mineral Point Avenue and North Terrace Street;
11Ravine Street and North Oakhill Avenue;
12Ravine Street and North Pearl Street;
13Mineral Point Avenue and North Pearl Street;
14North Pontiac Drive and Mt. Zion Avenue;
15South Crosby Avenue and Rockport Road;
16South Willard Avenue and West State Street;
17North Lexington Drive and Holiday Drive;
18Liberty Lane and Holiday Drive;
19East Wall and North Wisconsin Street;
20Ruger Avenue and Wright Road;
21Lincoln Street and West Holmes Street;
22Black Bridge and North Randall Avenue;
23Black Bridge Road and Liberty Lane;
24Ruger Avenue and South Lexington Drive;
25North Pontiac Drive and Holiday Drive;
26Liberty Lane and Randolph Road;
27Ravine Street and North Arch Street;
28Park View Drive and Thornecrest Drive;
29Ravine Street and North Grant Avenue;
30North Lexington Drive and Randolph Road;
31North Lexington Drive and Black Bridge Road;
32East Holmes Street and South Garfield Avenue;
33Mineral Point Avenue and North Grant Avenue;
34North Garfield Avenue and Blaine Avenue;
35South Pontiac Drive and Ruger Avenue;
36Ruger Avenue and Wuthering Hills Drive;
37Mohawk Road and Palmer Drive;
38Memorial and North Randall Avenue;
39Deerfield Drive and Midvale Drive;
40Garfield Avenue and East Memorial Drive;
41Dodge Street and South Franklin Street;
42North Jackson Street and Madison Street;
43North Franklin Street/Highland Avenue/North Pearl Street/North Washington Street;
44West Court Street and South Jackson Street;
45West Court Street and South River Street;
46North Lexington Drive and a private drive located 630 feet north (centerline to centerline) of Liberty Lane;
46West Milwaukee Street and North and South Jackson Street;
47West Milwaukee Street and North and South River Street;
48South Jackson Street and West Racine Street.
49Morse Street and Ryan Road.
50East Milwaukee Street and North and South Parker Drive.
51East Centerway and North Garfield Avenue.
(Code 1976, § 10.18.020; Ord. No. 2020-785, 4-13-2020; Ord. No. 2022-837, 4-11-2022; Ord. No. 2022-850, § III, 8-2-2022; Ord. No. 2022-836, § II, 9-12-2022; Ord. No. 2022-854, § III, 11-14-2022; Ord. No. 2023-872, § II, 9-11-2023; Ord. No. 2024-906, § IV, 12-9-2024) :::
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Sec. 38-108. Yield signs.
Standard yield signs shall be installed directing traffic on the following streets to yield to the designated street:
1McKinley Street yields to High Street;
2Laurel Avenue yields to Madison Street;
3McKinley Street yields to Locust Street;
4East Court Street yields to East Milwaukee Street;
5Pearl Street yields to Riverside Street;
6South Ringold Street yields to Vista Street;
7Elida Street yields to North Fremont Street;
8Tamarack Lane yields to Greenwich Lane and Camden Square;
9North Marion Avenue (southbound to North Crosby Avenue) yields to Highland Avenue;
10North Crosby Avenue (northbound to North Marion Avenue) yields to Highland Avenue;
11Mayfair Drive yields to Hawthorne Avenue;
12North Fremont Street yields to Sherman Avenue;
13Roosevelt Avenue yields to South Chatham Street;
14West Court Street (eastbound Court Street to southbound Center Avenue) yields to Center Avenue;
15West Memorial Drive (westbound on Memorial Drive to northbound on Parker Drive and eastbound on Memorial Drive to southbound on Parker Drive, and eastbound on Memorial Drive to northbound on Parker Drive) yields to North Parker Drive;
16North High Street yields to Madison Street;
17Linn Street yields to McKinley Street;
18Ashland Avenue yields to North Pine Street;
19Peterson Avenue yields to North Pine Street;
20North Sumac Drive yields to Hawthorne Avenue;
21Bostwick Avenue yields to Forest Park Boulevard;
22Huron Drive yields to Wesley Avenue;
23South Parker Drive yields to East Van Buren Street;
24Excalibur Drive yields to LaMancha Drive;
25Excalibur Drive yields to LaMancha Drive;
26Lincoln Street/Monterey Park yield to Riverside Street;
27Hoover Street yields to Mayfair Drive;
28Harvard Drive yields to Sunset Drive;
29Grace Street yields to Forest Park Boulevard;
30Nantucket Drive yields to Alpine Drive;
31South Huron Drive yields to Mt. Vernon Avenue;
32Danbury Drive yields to Amhurst Road at both north and south intersections;
33Lodge Drive yields to Woodland Drive;
34Johnson Street yields to South Locust Street;
35Lodge Drive yields to Woodland Drive;
36Johnson Street yields to South Locust Street;
37West Wall Street and Bemis Street yield to Sunset Drive;
38North Garfield Avenue yields to Sherman Avenue;
39North Adams Street yields to Walker Street;
40Clover Lane yields to Lucerne Drive;
41Rutledge Avenue yields to North Sumac Drive;
42South Sumac Drive yields to Wesley Avenue;
43Newman Street yields to North Harmony Drive;
44Randolph Road yields to Green Valley Drive;
45Pine View Lane (south) yields to Green Valley Drive;
46Pine View Lane (north) yields to Green Valley Drive;
47Margate Drive and Wilshire Lane yield to Brunswick Lane;
48South Washington Street yields to Nicolet Street;
49Menard Street yields to South Pearl Street;
50Alexandria Place yields to Sunset Drive;
51Adel Street yields to Conde Street;
52Nantucket Drive (south) yields to Alpine Drive;
53Plainfield Avenue yields to Barberry Drive;
54Alden Road yields to Newman Street;
55South Walnut Street yields to Nicolet Street;
56South Wisconsin Street yields to East Van Buren Street;
57South Sumac Drive yields to Mt. Vernon Avenue;
58King Street yields to South Grant Avenue;
59Stonefield Lane yields to Curry Lane;
60Laramie Lane yields to LaMancha Drive;
61Adel Street yields to West Burbank Avenue;
62Wall Street yields to North Washington Street;
63Woodcrest Drive yields to Tanglewood Drive;
64Spaulding Avenue yields to Sandhill Drive;
65Saratoga Drive yields to Alpine Drive;
66West Holmes Street yields to Linn Street;
67Rock Street yields to South High Street;
68Acorn Drive yields to Walnut Grove Road;
69Richardson Street yields to Sherman Avenue;
70North Osborne Avenue yields to Bond Place;
71North Marion Avenue yields to Bond Place;
72North Willard Avenue yields to Bond Place;
73Division Street yields to East Van Buren Street;
74Woodman Road yields to Mayfair Drive;
75Hoover Street yields to Hawthorne Avenue;
76Monroe Street yields to Walker Street;
77Lapidary Lane yields to Balmoral Drive;
78South Terrace Street yields to West Burbank Avenue;
79Braxton Drive yields to Huntinghorne Drive.
80Linn Street yields to Johnson Street.
81West Van Buren Street yields to Linn Street.
(Code 1976, § 10.18.030; Ord. No. 2021-813, 2-22-2021; Ord. No. 2022-833, 2-28-2022) :::
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Secs. 38-109---38-129. Reserved.
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ARTICLE VI. ONE-WAY STREETS22
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Sec. 38-130. Designation.
The following streets are designated as one-way streets, and traffic shall proceed thereon as indicated in this section:
1Traffic on Wisconsin Street between Court and East Milwaukee Streets shall be in a northerly direction toward East Milwaukee Street.
2a. West Milwaukee Streets from its intersection with Centerway and West Court Street easterly to a point 80 feet west of the west line of Locust Street; and
b. East Milwaukee Street from its intersection with Atwood Avenue to its intersection with Garfield Avenue are designated as one-way streets on which traffic shall move in a southwesterly direction only at all times.
3West Court Street from its intersection with Center Avenue and West Milwaukee Street easterly to the west side of Academy intersection and East Court Street from east of the intersection with Adams Street easterly to the intersection of Ringold Street are designated as one-way streets on which traffic shall move in an easterly direction only at all times.
4Traffic on Jefferson School Drive is to move from North Harmony Drive westerly, and then southerly to Mt. Zion Avenue.
5On North Jackson Street, traffic shall be in a southeasterly direction only, between Mineral Point Avenue and Madison Street.
6On North Washington Street, traffic shall be in a southeasterly direction only, between Highland Avenue and North Terrace Street.
7On North Terrace Street, traffic shall be in a southerly direction only, between North Washington Street and Mineral Point Avenue.
8On Parker Place, traffic shall be in a southerly direction only, between East Wall Street and East Milwaukee Street.
9On Cherry Street, traffic shall be in a southerly direction only, between Court Street and McKinley Street.
(Code 1976, § 10.20.010; Ord. No. 2018-711, 2-26-2018) :::
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Sec. 38-131. Violation; penalty.
Any person who violates any provision of this article shall, upon conviction, be subject to a forfeiture of not less than $20.00 nor more than $200.00, together with the costs of prosecution, and in default of payment thereof, shall be imprisoned in the Rock County Jail for a period of not more than 60 days.
(Code 1976, § 10.20.020; Ord. No. 83-335, § 4(part), 1983) :::
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Secs. 38-132---38-160. Reserved.
State law reference(s)---Similar provisions, Wis. Stats. §§ 62.11(5), 349.10(1)(b) and (d), 349.10 (1). The department, county highway committees and local authorities in regard to highways under their respective jurisdictions. :::
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ARTICLE VII. SPEED LIMITS23
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Sec. 38-161. Generally.
Irrespective of the requirements in Section 38-1, as to fixed speed limits, the Council declares and determines, pursuant to the authority given it by state statutes, that the maximum permissible speed limits set out in this article shall be in effect in the designated area.
(Code 1976, § 10.24.010) :::
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Sec. 38-162. Thirty-five miles per hour.
The following designated areas shall have a speed limit of 35 miles per hour:
1North Parker Drive from a point one-tenth of a mile north of the intersection of East Memorial Drive to the north City limits;
2Center Avenue from Nicolet Street to Kellogg Avenue;
3The westerly side of Milton Avenue from the north line of Black Bridge Road to the north line of Kennedy Road, and the easterly side of Milton Avenue from the north line of Black Bridge Road extending easterly, to the north line of Randolph Road;
4East Racine Street (State Highway 11 and U.S. Highway 14) from a point 1,000 feet east of the east line of South Randall Avenue to the east City limits;
5South Jackson Street from Elliott Street to Kellogg Avenue;
6Beloit Avenue from a point 1,150 feet north of the south line of Kellogg Avenue south to the south City limits;
7Afton Road from Rockport Road west to the City limits;
8East Milwaukee Street from Shannon Drive to U.S.H. 14;
9Delavan Drive from Beloit Avenue to East corporate limits;
10Kennedy Road from Newport Avenue to the north City limits;
11Black Bridge Road from North Parker Drive to 400 feet west of Mayfair Drive;
12Beloit Avenue from a point 1,150 feet north of the south line of Kellogg Avenue to Elliott Street;
13Kennedy Road from Milton Avenue to Newport Avenue;
14Memorial Drive from Washington Street to Harding Street;
15Parker Drive from Hyatt Street to a point one-tenth of a mile north of the intersection of East Memorial Drive;
16Wright Road from Racine Street to Palmer Drive;
17Ruger Avenue from South Wright Road to U.S.H. 14;
18Austin Road from West Court Street to Mineral Point Road;
19John Paul Road, from Milton Avenue/St. Hwy 26 to north City limits;
20Newville Road from Humes Road/U.S. Hwy 14 to north City limits.
(Code 1976, § 10.24.020) :::
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Sec. 38-163. Thirty miles per hour.
The following designated areas shall have a speed limit of 30 miles per hour:
1Centerway from Court Street to Milton Avenue;
2Court Street from Sunset Drive to Center Avenue;
3Court Street from Main Street to Milwaukee Street;
4Delavan Drive from Center Avenue to Beloit Avenue;
5Franklin Street from Rockport Road to Court Street;
6Jackson Street from Elliott Street to Court Street;
7Kellogg Avenue from South River Road to Beloit Avenue;
8Milton Avenue from Centerway to the north line of Black Bridge Road;
9East Milwaukee Street from Garfield Avenue to Shannon Drive;
10Mt. Zion Avenue from Pontiac Drive to Milwaukee Street;
11Pontiac Drive from Mt. Zion Avenue to U.S.H. 14;
12Parker Drive from Centerway to Hyatt Street;
13Racine Street from Randall Avenue to a point 1,000 feet east of the east line of South Randall Avenue;
14River Street from Franklin Street to Washington Street;
15Rotamer Road from Milton Avenue to east City limits;
16South River Road from south City limits to Kellogg Avenue;
17Wright Road from Palmer Drive to East Rotamer Road;
18Center Avenue from Nicolet Street to Court Street;
19Crosby Avenue from the north end of the Crosby-Willard Bridge to Court Street;
20Crosby-Willard Bridge from Willard Avenue to Crosby Avenue;
21West Rotamer Road from Whitney Street to north City limits;
22Whitney Street from Kettering Street to Pheasant Run/West Rotamer Road;
23Tripp Road from Hayner Road to Afton Road;
24Mineral Point Road from Austin Road to 1,250 feet east of Austin Road;
25Deerfield Drive (U.S. Highway 14 to Kettering Street/East Rotamer Road);
26Kettering Street (Whitney Street to Deerfield Drive/East Rotamer Road).
(Code 1976, § 10.24.025) :::
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Sec. 38-164. Fifty miles per hour.
Reserved.
(Code 1976, § 10.24.030) :::
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Sec. 38-165. Fifteen miles per hour.
The following designated area shall have a speed limit of 15 miles per hour:
1Sharon Road from South Fremont Street to Palmer Drive.
(Code 1976, § 10.24.035) :::
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Sec. 38-166. Fifteen miles per hour---April to November.
The following designated areas shall have a speed limit of 15 miles per hour from April 15 of each year up to and including November 1 of each year: Palmer Drive from its intersection with East Racine Street, northeasterly to its intersection with Mohawk Drive; and Mohawk Road from its intersection with Palmer Drive, northerly to the south line of Black Hawk Meadows, a recorded subdivision.
(Code 1976, § 10.24.040) :::
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Sec. 38-167. Fifteen miles per hour---Exceptions.
There shall be a speed limit of 15 miles per hour on any City street, except a state trunk highway or connecting street, within, contiguous to or adjacent to a public park or recreation area when children are present, and when such areas are properly signed in accordance with the latest manual of traffic control devices of the state.
(Code 1976, § 10.24.050) :::
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Sec. 38-168. Twenty-five miles per hour.
There shall be a speed limit of 25 miles per hour on the following designated areas:
1Access roads, both sides of Milton Avenue from 935 feet north of Kennedy-Randolph Roads to U.S. Highway 14;
2Access road, south side of U.S. Highway 14 from Milton Avenue to 900 feet east.
(Code 1976, § 10.24.055) :::
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Sec. 38-169. Forty miles per hour.
The following designated areas shall have a speed limit of 40 miles per hour:
1Milton Avenue, east side, from the north line of Randolph Road north to a point two-tenths of a mile north of its intersection with U.S. Highway 14;
2Milton Avenue, west side, from the north line of Kennedy Road north to a point two-tenths of a mile north of its intersection with U.S. Highway 14;
3Humes Road, from the west property line of Kennedy Road, east to a point two-tenths of a mile east of North Wright Road;
4Center Avenue, from Kellogg Avenue to the south corporate limits;
5Milton Avenue, from a point two-tenths of a mile north of its intersection with U.S. Highway 14 to John Paul Road.
(Code 1976, § 10.24.060) :::
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Sec. 38-170. Forty-five miles per hour.
The following designated areas shall have a speed limit of 45 miles per hour: East Racine Street from Palmer Drive to 200 feet east of South Wright Road.
(Code 1976, § 10.24.065; Ord. No. 87-508, § 1, 1987) :::
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Sec. 38-171. Violation; penalty.
The penalty for violating any provision of this article shall be the same as that set forth in the Wisconsin Statutes, as from time to time amended, for similar violations.
(Code 1976, § 10.24.070; Ord. No. 87-508, § 2, 1987) :::
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Secs. 38-172---38-195. Reserved.
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ARTICLE VIII. PROHIBITED TURNS24
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Sec. 38-196. Certain U-turns; left and right turns; prohibited.
aThe operator of a vehicle may not back the vehicle at an intersection controlled by an official traffic control device for the purpose of making a U-turn and shall not turn the vehicle so as to proceed in the opposite direction upon a highway at any of the following places:
1At any intersection at which traffic is being controlled by a traffic officer unless instructed by the officer to make a U-turn;
2In mid-block on any street in a business district;
3In mid-block on any through highway in a residence district;
4On any one-way street;
5At any place where signs prohibiting a U-turn have been erected by the city;
6At any place where a U-turn cannot be made safely or without interfering with other traffic;
7At any one of the following median openings:
a. In the 3000 block of Milton Avenue located approximately 665 feet south of the centerline of U.S. Highway 14.
b. In the 3300 block of Milton Avenue located approximately 575 feet north of the centerline of U.S. Highway 14.
c. In the 2000 block of U.S. Highway 14 located approximately 545 feet west of Milton Avenue.
bThe operator of a vehicle westbound on West Milwaukee Street shall not make a left turn at the intersection of Milwaukee Street, Court Street, Center Avenue and Centerway so as to go eastbound on West Court Street.
cThe operator of a vehicle southbound on the easterly leg of South Jackson Street shall not make a right turn at the intersection of Kellogg Avenue so as to go westbound on Kellogg Avenue.
dThe operator of a vehicle southbound on the westerly leg of South Jackson Street shall not make a left turn at the intersection of Kellogg Avenue so as to go eastbound on Kellogg Avenue.
(Code 1976, § 10.28.010) :::
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Sec. 38-197. Certain left and right turns; times; prohibited
aThe operator of a vehicle shall not make a left turn between the hours of 9:00 p.m. and 5:00 a.m. when such turn is prohibited by official sign:
1From Milwaukee Street onto Parker Drive.
2From Milwaukee Street onto Main Street.
3From Milwaukee Street onto River Street.
4From Milwaukee Street onto Jackson Street.
5From Milwaukee Street onto High Street.
6From Milwaukee Street onto Academy Street.
7From Milwaukee Street onto Locust Street.
8From Court Street onto Franklin Street.
9From Court Street onto River Street.
10From Court Street onto Parker Drive.
bThe operator of a vehicle shall not make a right turn between the hours of 9:00 p.m. and 5:00 a.m. when such turn is prohibited by official sign:
1From Milwaukee Street onto Parker Drive.
2From Milwaukee Street onto Main Street.
3From Milwaukee Street onto River Street.
4From Milwaukee Street onto Franklin Street.
5From Court Street onto Academy Street.
6From Court Street onto Cherry Street.
7From Court Street onto High Street.
8From Court Street onto Jackson Street.
9From Court Street onto River Street.
(Code 1976, § 10.28.020) :::
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Sec. 38-198. Violation; penalty.
Any person who violates any provision of this article shall, upon conviction, pay a forfeiture of not less than $20.00 nor more than $200.00, together with the costs of prosecution, and in default of the forfeiture payment, shall be imprisoned in the Rock County Jail for a period of not more than 60 days, or the court may suspend such defaulting violator's Wisconsin motor vehicle operator's privilege in the manner provided by law.
(Code 1976, § 10.28.030) :::
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Secs. 38-199---38-219. Reserved.
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ARTICLE IX. CROSSWALKS25
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Sec. 38-220. Designation.
aAn official crosswalk 18 feet in width is established across South Main Street between East Milwaukee Street and East Court Street, the south line of said crosswalk being approximately 175 feet north of the north line of East Court Street.
bAn official pedestrian walkway six feet in width is established on the east side of the parking plaza (Parking Lot 1) running from East Court Street to five feet north of the north line of Lot 3, Block 44 and adjacent to the west side of Lots 3, 4, 5 and 6 of Block 44 of the original plat of the City. Four five-foot-wide crosswalks shall also connect the aforedesignated pedestrian walkway to the east ends of the meter aisles.
cAn official crosswalk six feet in width is established across Newman Street between North Randall Avenue and Milton Avenue, the west line of said crosswalk being located 330 feet west of the west curbline of North Randall Avenue.
dAn official crosswalk six feet in width is established across East Memorial Drive at Adams Grade School from the driveway at 1145 East Memorial Drive (Lot 16, Terrace Subdivision) to the driveway along the east side of Adams School.
eAn official crosswalk six feet in width is established across Black Bridge Road between Milton Avenue and North Randall Avenue, the west line of said crosswalk being located 500 feet east of the east curbline of Milton Avenue.
fAn official crosswalk ten feet in width is established across Princeton Road between Parkview Drive and Brunswick Lane, the north line of said crosswalk being located 430 feet south of the south curbline of Parkview Drive.
gAn official crosswalk six feet in width is established across Liberty Lane, the north line of said crosswalk being located 313 feet south of the south curbline of Holiday Drive.
hAn official crosswalk six feet in width is established across Mineral Point Avenue between Waveland Avenue and Austin Road, the centerline of said crosswalk being located approximately 410 feet west of the west right-of-way line of Waveland Avenue.
iAn official crosswalk eight feet in width is established across South Wuthering Hills Drive between Ruger Avenue and Capital Circle, the centerline of said crosswalk being located approximately 675 feet south of the south right-of-way line of Ruger Avenue.
jAn official crosswalk six feet in width is established across North Terrace Street between Elizabeth Street and Mineral Point Avenue, the centerline of said crosswalk being located approximately 315 feet south of the south right-of-way line of Elizabeth Street.
kAn official crosswalk six feet in width is established across Venture Drive (south leg) east of Beloit Avenue, the centerline of said crosswalk being located approximately 1,550 feet east of the east right-of-way line of Beloit Avenue.
lAn official crosswalk ten feet in width is established across North Wright Road, the centerline of said crosswalk being located approximately 180 feet north of the north right-of-way line of Skyview Drive.
mAn official crosswalk ten feet in width is established across Brunswick Lane, the centerline of said crosswalk being located approximately 385 feet east of the east right-of-way of Princeton Court.
nAn official crosswalk ten feet in width is established across Park View Drive, the centerline of said crosswalk being located approximately 330 feet east of the east right-of-way line of Columbia Drive.
oAn official crosswalk ten feet in width is established across East Milwaukee Street, the centerline of said crosswalk being located approximately 370 feet west of the west right-of-way line of Shannon Drive.
pAn official crosswalk ten feet in width is established across Randolph Road, the centerline of said crosswalk being located approximately 220 feet east of the east right-of-way line of Savanna Drive.
qAn official crosswalk ten feet in width is established across Curry Lane, the centerline of said crosswalk being located approximately 250 feet east of the east right-of-way line of Savanna Drive.
rAn official crosswalk ten feet in width is established across Beloit Avenue, the centerline of said crosswalk being located approximately 370 feet north of the north right-of-way line of East Delavan Drive.
sAn official crosswalk ten feet in width is established across South Main Street, the centerline of said crosswalk being located approximately 370 feet north of the north right-of-way line of East Delavan Drive.
tAn official crosswalk six feet in width is established across North Franklin Street east of North Washington Street, the centerline of said crosswalk being located approximately 330 feet east of the east right-of-way line for the south leg of North Washington Street.
uAn official crosswalk ten feet in width is established across Sharon Road northwest of Palmer Drive, the centerline of said crosswalk being located approximately 290 feet northwest of the north right-of-way line of Palmer Drive.
vAn official crosswalk ten feet in width is established across Jatco Drive, the centerline of said crosswalk being located approximately 200 feet west of the centerline of South Jackson Street.
wAn official crosswalk six feet in width is established across North Wright Road, the centerline of said crosswalk being located approximately 460 feet south of the south right-of-way line of East Rotamer Road.
(Code 1976, § 10.32.010) :::
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Sec. 38-221. State regulations applicable.
All regulations of Section 38-1 adopting Wis. Stats. § 346.24 shall apply to pedestrians and vehicle operators at crosswalks.
(Code 1976, § 10.32.020; Ord. No. 75-472, § 2, 1975) :::
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Sec. 38-222. Obedience to crossing guards; violation; penalty.
aNo operator of a vehicle shall fail or refuse to stop for a crossing guard when, in the performance of his or her duties, he or she so directs by use of sign or signal.
bAny person who violates this section shall, upon conviction, be subject to a forfeiture of not less than $20.00 nor more than $200.00, together with the costs of prosecution, and in default of payment thereof, shall be imprisoned in the Rock County Jail for a period of not more than 60 days.
(Code 1976, § 10.32.030; Ord. No. 83-335, §§ 2(part), 4(part), 1983) :::
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Secs. 38-223---38-252. Reserved.
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ARTICLE X. MISCELLANEOUS DRIVING REGULATIONS26
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Sec. 38-253. Prohibited acts.
It is unlawful to block, hinder or retard any street traffic, whether it is vehicular or otherwise, by any of the following methods:
1By driving into an intersection when traffic signal lights are changing in color to denote a directional change in legal traffic flow;
2By driving into an intersection when such action will block said intersection to cross-traffic;
3By parking in a lane designed for the movement of traffic;
4By receiving or discharging passengers from a vehicle in a lane designed for the movement of traffic;
5By parking or stopping a car, truck or other vehicle in a lane designed for the movement of traffic for the purpose of receiving or delivering goods, merchandise or other articles to any shop, store, apartment or other building when such shop, store, apartment or other building has a public alley or an available private alley or areaway to its side or rear from which deliveries and pickups can be safely made;
6By depositing or storing construction materials or equipment in a lane designed for the movement of traffic unless a permit for this specific purpose is granted by the City Manager or by another legal authority as designated by the City Manager;
7By depositing excavated material, waste material, debris, junk, branches, brush or other litter in a lane designed for the movement of traffic;
8By standing, sitting down, lying down or loitering in any way in a lane designed for the movement of traffic;
9By stopping a railway car or a locomotive across a railway road crossing or street crossing for an interval of more than five minutes;
10By the erection of signs or barricades without proper legal authorization; and
11By any other irregular or nefarious means or disorderly conduct.
(Code 1976, § 10.36.010) :::
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Sec. 38-254. Unnecessary vehicle noises prohibited.
aNo person shall make unnecessary and annoying noise with a motor vehicle by squealing tires, excessive acceleration of the engine, emitting unnecessary and loud muffler noises, or having a modified or inadequately maintained exhaust or braking system.
bExcessive noise caused by emergency situation maneuvers will not be ticketed when the operator is attempting to avoid a collision with a pedestrian, animal, fixed object, or any other motor vehicle.
cThe term "emergency situations" is defined as circumstances which could not reasonably be foreseen by an alert motor vehicle operator. Emergency vehicles are exempt from this section.
(Code 1976, § 10.36.020) :::
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Sec. 38-255. Unlicensed vehicles on sidewalks and roadways prohibited; exception.
No person shall ride or operate go-carts, snowmobiles or any other unlicensed motorized vehicle upon the sidewalks or roadways, except for purposes of removing snow on sidewalks.
(Code 1976, § 10.36.030) :::
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Sec. 38-256. Drinking in vehicles unlawful; not applicable when.
It is unlawful for any person to drink from or to open a container of fermented malt beverage on any public street, parking, or park, and upon all premises held out for public use of their motor vehicles, whether such premises are publicly or privately owned. This section does not apply to a motor bus as defined in Wis. Stats. § 340.01(31).
(Code 1976, § 10.36.040) :::
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Sec. 38-257. Sleeping in vehicles unlawful.
aIt is unlawful for any person to sleep in a parked vehicle while on any public street, public parking lot, park, or other public property, except at the City Hall Parking Lot and there only between the hours of 10:00 p.m. to 7:00 a.m. All such vehicles used overnight for sleeping must be completely removed from the City Hall Parking Lot no later than 7:01 a.m. daily. In addition to all other penalties, violators are subject to towing and storage, all at the violator's cost and expense. No person may sleep in a vehicle or outside in any manner, at any time on the Hedberg Public Library public parking lot or other outdoor library area.
bIt is unlawful to sleep in a parked vehicle on private property, at any time, without the consent of the owner or lessee.
(Code 1976, § 10.36.050; Ord. No. 2019-755, § 10.36.050, 7-22-2019; Ord. No. 2019-775, § I, 10-28-2019; Ord. No. 2020-788, § I, 3-31-2020; Ord. No. 2020-804, § I, 9-30-2020; Ord. No. 2020-807, 11-9-2020; Ord. No. 2024-896, § I, 8-26-2024) :::
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Sec. 38-258. Violation; penalty.
aAny person who violates any provision of Section 38-253, 38-255 or 38-257 shall, upon conviction, be subject to a forfeiture of not less than $20.00 nor more than $200.00, together with the costs of prosecution, and in default of payment thereof, shall be imprisoned in the Rock County Jail for a period of not more than 60 days.
bAny person who violates any provision of Section 38-254 or 38-256 shall, upon conviction, be subject to a forfeiture of not less than $50.00 nor more than $500.00, together with the cost of prosecution, and in default of payment thereof, shall be imprisoned in the Rock County Jail for a period of not more than 90 days.
(Code 1976, § 10.36.060; Ord. No. 83-335, § 4(part), 1983) :::
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Secs. 38-259---38-279. Reserved.
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ARTICLE XI. DYNAMIC BRAKING NOISE PROHIBITED
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Sec. 38-280. Purpose and intent.
The City Council of the City of Janesville, Wisconsin, finds that the use of motor vehicle brakes which are activated or operated by the compression of the engine (dynamic braking devices) of a motor vehicle creates noise and disturbs and disrupts the public peace and quiet and, therefore, finds that it would be in the best interest of public health, safety and general welfare to prohibit the use of such brakes within the City limits of the City of Janesville.
(Code 1976, § 10.37.010) :::
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Sec. 38-281. Definition.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Dynamic braking device (commonly referred to as "Jake Brakes™"; "Jacobs Brakes™"; engine brake, or compression brake) means a device or procedure primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes.
(Code 1976, § 10.37.020) :::
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Sec. 38-282. Prohibition.
It is unlawful for any person to cause unreasonable, loud, or excessive noise within the City of Janesville by operating any motor vehicle with a dynamic braking device engaged (including "Jake™"; braking, engine braking, or compression braking devices), except for the aversion of imminent danger to persons or property.
(Code 1976, § 10.37.030) :::
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Sec. 38-283. Emergency vehicles.
Emergency vehicles shall be exempt from this article.
(Code 1976, § 10.37.040) :::
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Sec. 38-284. Signs.
Signs shall be installed at the main arterial highways and truck routes leading into the City of Janesville that shall state that such ordinance is in effect. The Director of Public Works and his or her designees are authorized and directed to gain appropriate approval from the State of Wisconsin to post appropriate signs consistent with the provisions of this article and in accordance with state law and Administrative Code.
(Code 1976, § 10.37.050) :::
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Sec. 38-285. Violation; penalty.
Any person who violates any provision of this article shall, upon conviction, be subject to a forfeiture of not less than $50.00 nor more than $500.00, together with the cost of prosecution, and in default of payment thereof, shall be imprisoned in the Rock County Jail for a period of not more than 60 days.
(Code 1976, § 10.37.060) :::
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Secs. 38-286---38-303. Reserved.
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ARTICLE XII. ANTI-CRUISING ORDINANCE
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Sec. 38-304. Findings and purpose.
It is hereby found by the City Council that a threat to the public health, safety and welfare arises from the congestion created by the repetitive and unnecessary driving of motor vehicles, also known as cruising, at certain times upon certain highways within the City of Janesville. The purpose of this article is to:
1Reduce dangerous traffic congestion.
2Facilitate safer streets with less vehicular traffic volume.
3Facilitate the movement, as well as the safe movement, of vehicular traffic upon certain streets and throughout the City.
4Reduce noise pollution and disturbance.
5Reduce air pollution.
6Reduce the obstruction of streets, sidewalks and parking lots.
7Facilitate and increase the safe, ready and easy public ingress and egress to parking lots, shops, buildings and businesses open to the public upon certain City streets.
8Reduce the impediment and interferences with the use of public and private property resulting from cruising.
9Facilitate and ensure safer, easier and more ready access for emergency vehicles to and through said highways.
(Code 1976, § 10.38.010) :::
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Sec. 38-305. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Cruising means driving a motor vehicle past a traffic control point in the designated area more than twice in any two-hour period between the hours of 7:00 p.m. and 5:00 a.m. Passing a designated control point a third time under the aforesaid conditions shall constitute unnecessary repetitive driving and cruising.
Designated area means and includes:
1All of that portion of Milwaukee Street, within the limits of the City, bounded by Atwood Avenue on the east and Locust Street on the west.
2All of that portion of Court Street, within the limits of the City, bounded by Atwood Avenue on the east and Locust Street on the west.
Traffic control point means a reference point within or adjacent to a designated area selected by a police officer for the purpose of determining unnecessary repetitive driving and cruising.
3All of that portion of Milton Avenue, within the limits of the City, bounded by Mt. Zion Avenue on the south and McCormick Drive on the north.
4All of that portion of Humes Road, within the limits of the City, bounded by Wright Road on the east and Kennedy Road on the west.
5All of that portion of Deerfield Drive, within the limits of the City, bounded by Humes Road on the south and East Rotamer Road on the north. (To include the connector of Kettering Street from East Rotamer Road to Milton Avenue.)
(Code 1976, § 10.38.020; Ord. No. 2025-911, §§ I, II, 1-27-2025) :::
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Sec. 38-306. Cruising prohibited.
aIt shall be unlawful for any person to engage in cruising.
bFor the purposes of this article, the person having control and/or ownership of a motor vehicle shall be considered the person cruising, without regard as to whether that person was actually driving the motor vehicle each time it passed the traffic control point.
cHaving control or ownership of a motor vehicle shall mean either the owner of the vehicle, if present in the vehicle at the time of the violation, or, if the owner is not present, the person operating the vehicle at the time of violation.
(Code 1976, § 10.38.030) :::
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Sec. 38-307. Exemptions.
Excepted from the prohibitions set forth in this article shall be:
1Any publicly owned vehicle of any City, county, state, federal or other governmental unit or agency, while such vehicle is being operated for official purposes of the governmental unit.
2Any authorized emergency vehicle.
3Any taxicabs for hire, public transit buses, and other vehicles being operated for business purposes.
4Events, uses, and activities sponsored, permitted, and/or authorized by the Janesville City Council, and then only occurring within the express permission, terms, conditions, restrictions, limitations, and requirements set by the Council, from time to time, for each such event, use, and/or activity. The City Council may not sponsor, permit, or authorize an event, use, and/or activity unless it is deemed by the Council to be beneficial to the community and is limited to between the hours of 9:00 p.m. and 12:00 a.m. midnight.
(Code 1976, § 10.38.040) :::
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Sec. 38-308. Violations; penalties.
aPenalty. Any person who violates any provision of this article shall, upon conviction, be subject to and shall pay the following applicable forfeiture, to which shall be added the costs of prosecution:
1Not less than $100.00 nor more than $250.00 if the person has not committed a previous violation of this article within 12 months of the violation.
2Not less than $200.00 nor more than $500.00 if the person has committed one or more violations of this article within 12 months of the violation.
bIn default of the payment of a forfeiture imposed for violation of any provision of this article, such defaulting convicted violator shall be confined in the Rock County Jail until such forfeiture and costs are paid, but not to exceed 60 days, or the court may suspend such defaulting violator's Wisconsin motor vehicle operator's privilege in the manner and for the time provided by law.
(Code 1976, § 10.38.050; Ord. No. 2025-911, §§ III---VI, 1-27-2025) :::
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Secs. 38-309---38-334. Reserved.
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ARTICLE XIII. GENERAL PARKING REGULATIONS27
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Sec. 38-335. Application of regulations.
aThe provisions of this article shall apply in all public streets and in all City-owned parking lots within the City unless otherwise specified.
bThe definitions and applicable provisions contained elsewhere in this chapter shall apply in this article.
cWhenever in this article parking regulations, restrictions, limitations or prohibitions are established, such regulations, restrictions, limitations or prohibitions shall apply to and shall be enforceable against the operator of the vehicle and also against the registered owner of the vehicle who permits another to operate such vehicle.
(Code 1976, § 10.40.010; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-336. Parking prohibitions; exceptions for temporary stopping.
No person shall park, stop or leave standing any vehicle in any of the following places, except temporarily for the purpose of and while actually engaged in loading or unloading or in receiving or discharging passengers and while the vehicle is tended by a licensed operator so that it may promptly be moved in case of an emergency or to avoid obstruction of traffic:
1Within 15 feet of an intersection;
2Closer than 15 feet to the near limits of a crosswalk;
3On a terrace or sidewalk area, except in a permanent paved location approved by the City Council;
4Within four feet of the entrance to an alley or private driveway;
5In a public alley within a business district;
6In a loading or bus loading zone;
7Within ten feet of a fire hydrant;
8In front of or within five feet of any curbside mail box;
9In any public park between the hours of 11:00 p.m. and 5:00 a.m.;
10On the left side of a street, except as otherwise provided in this article or permitted by official traffic signs and markers;
11On any bridge in the city (except the Court St. and Milwaukee St. Rock River bridges);
12Closer than 30 feet to the approach to any flashing beacon, yield sign, stop sign or traffic-control signal, except during regular traffic movement;
13In any place so as to obstruct traffic.
(Code 1976, § 10.40.020; Ord. No. 2021-823, 5-24-2021) :::
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Sec. 38-337. No parking, stopping or standing contrary to official traffic or parking sign or marker; no exceptions.
aNo person shall park, stop or leave standing any vehicle at any location when in contravention of an official traffic or parking sign or marker which has been placed at that location and indicates the particular prohibition, limitation or restriction applicable.
bThe prohibitions of Subsection (a) of this section shall not be subject to any exceptions elsewhere set forth in this Code, including, but not limited to, those set forth in Section 38-336. The prohibition of Subsection (a) of this section shall apply to any and all vehicles even if such vehicle is engaged in loading or unloading or in receiving or discharging passengers.
(Code 1976, § 10.40.025) :::
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Sec. 38-338. How to park on a street.
Upon streets where stopping or parking is authorized or permitted, the following regulations shall apply:
1Upon a street where traffic is permitted to move in both directions simultaneously, and where angle parking is not clearly designated by official traffic signs or markers, a vehicle shall be parked parallel to the edge of the street, headed in the direction of traffic on the right side of the street.
2Upon a one-way street or divided street where parking on the left side of the roadway is clearly authorized by official traffic signs or markers, a vehicle shall be parked parallel to the edge of the street, headed in the direction of traffic on the left or right side of the street or as otherwise indicated by such markers.
3Upon a street where angle parking is clearly authorized by official traffic signs or markers, a vehicle shall be parked at an angle, within the spaces indicated and not backed into such spaces.
4No person shall park, stop or leave standing any vehicle backed against the curbline except while actually loading or unloading.
(Code 1976, § 10.40.030; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-339. Parking restrictions on streets and public parking lots.
aNo person shall park, stop or leave standing any vehicle on any street or in any public parking lot:
1For more than 15 consecutive minutes in a 15-minute parking area;
2For more than 60 consecutive minutes in a one-hour parking area;
3For more than 90 consecutive minutes in a 90-minute parking area;
4For more than 120 consecutive minutes in a two-hour parking area;
5For more than 24 hours in any free parking area;
6In a leased stall without the permission of the lessee.
bNo person shall park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, public parking lot or private parking lot reserved for handicapped persons by official traffic signs or markers.
cNo person shall park any vehicle on any street or in a public parking lot except in an area in which parking is permitted and within the boundaries of a designated parking stall, where such boundaries are indicated, and in the manner indicated as proper.
dNo person shall move a vehicle from a parking stall within a public parking lot to a different parking stall within the same lot without first leaving the lot.
eThe time limit restrictions of this section do not apply to a vehicle while such vehicle is actually being loaded or unloaded.
(Code 1976, § 10.40.040; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-340. Prohibitions, limitations and restrictions; when applicable.
aUnless otherwise provided by ordinance, rule or regulation, or posted by official traffic signs or markers, the time limitations of Section 38-339 shall apply only from 8:00 a.m. until 6:00 p.m. on Monday through Friday and from 9:00 a.m. until 1:00 p.m. on Saturday. Such time limitations shall not apply on Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day.
bThe prohibition against parking in a bus loading zone shall apply only from 6:00 a.m. until 6:30 p.m. on Monday through Saturday. Such prohibition shall not apply on Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day.
cUnless otherwise provided by ordinance, rule or regulation, or posted by official traffic signs or markers, all other prohibitions, limitations, and restrictions in this article shall apply 24 hours a day, every day of the year.
(Code 1976, § 10.40.050; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-341. Parking permits or stickers.
A vehicle displaying a parking permit or sticker issued under the authority of the City Manager is authorized to park at locations designated by the City Manager and is exempt from time limit restrictions at such designated locations.
(Code 1976, § 10.40.0260; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-342. Additional parking restrictions on public or private property.
aNo person may leave or park any motor vehicle on private property without the consent of the owner or lessee of the property.
bOwners or lessees of public or private property may permit parking by certain persons and limit, restrict or prohibit parking as to other persons if the owner or lessee posts a sign on the property indicating parking is permitted, limited, restricted or prohibited. No person may park, stop or leave standing any vehicle on public or private property contrary to such sign.
(Code 1976, § 10.40.070; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-343. Parking during and after winter weather events; restrictions.
The Director of Public Works, or his or her designee, shall be responsible for declaring that a Winter Weather Emergency is in effect, to include weather events including, but not limited to, snow, sleet and freezing rain. Upon such declaration, no person shall park, stop or leave standing any vehicle on any street until after the snow, sleet and/or freezing rain on such street has been plowed to the curbline or otherwise caused to be removed. In case any vehicle is parked, stopped or left standing on any street in violation of this section, it may be removed by or under the direction of the Police Department or the Public Works Department, after one of such departments has attempted to notify the owner to remove such vehicle, and it has not been removed. In case such vehicle is removed by or at the direction of the Police Department or the Public Works Department, the expense of such removal may be charged against the owner of the vehicle. The removal of a vehicle shall not prevent prosecution under this section.
(Code 1976, § 10.40.080; Ord. No. 83-335, § 1(part), 1983; Ord. No. 2020-805, § I, 10-26-2020) :::
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Sec. 38-344. Storage on streets and public property prohibited.
No person shall use any street, public alley or public parking lot for storage of vehicles. As used in this section, the term "storage" means to park, stop, or leave standing any vehicle for sale purposes, for hire of any kind, for longer than 24 consecutive hours, or any other purpose other than that of ordinary use for transportation.
(Code 1976, § 10.40.090; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-345. Parking large vehicles on residential streets prohibited; exceptions.
aUnless otherwise provided in Subsection (b) of this section, no person shall park, stop or leave standing any large vehicle more than 20 feet in length or registered at more than 12,000 pounds gross vehicle weight for more than two consecutive hours on any street where adjacent property is residentially zoned, unless it is so parked because of commercial or construction operations in the immediate area or because it is being loaded or unloaded.
bNo person shall park, stop or leave standing any mobile recreational equipment more than 20 feet in length or more than 8,000 pounds gross vehicle weight for more than 24 consecutive hours within a single street address block on any street where adjacent property is residentially zoned. The owner or operator of any mobile recreational equipment meeting the minimum length or weight as noted in this section may request in writing a waiver allowing the equipment to be parked in one location for a period of up to 72 consecutive hours. Waiver requests shall be submitted to the Police Department and shall include a street address where the equipment is to be parked. The Police Department shall issue no more than three waivers for mobile recreational equipment to be parked adjacent to the same street address or for the same piece of equipment, owner, or operator in one calendar year. In this section, the term "mobile recreational equipment" includes, but shall not be limited to, mobile homes, motor homes, camping trailers, private buses, boats and boat trailers.
(Code 1976, § 10.40.100; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-346. Parking trucks in Central Business District; restrictions.
aNo person shall park, stop or leave standing any truck on any street in the Central Business District of the City for the purpose of receiving or delivering goods, merchandise or other articles to any apartment or business if such apartment or business has a public alley or an available private alley in the rear or on the side of such apartment or business and an entrance from such alley to such apartment or business so that receipt or delivery of goods, merchandise or other articles can be safely made through the use of such alley.
bIf no public or private alley is available, a truck may be parked, stopped or left standing on the street or in a public parking lot near an apartment or business for the purpose of receiving or delivering goods, merchandise or other articles as long as such truck does not obstruct traffic. During actual loading or unloading, the time limits of such parking locations shall not apply.
(Code 1976, § 10.40.110; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-347. Parking of motor buses prohibited; exception.
No person shall park, stop or leave standing on any street any motor bus or vehicle for hire used for the transportation of passengers between Janesville and other cities except that such motor bus or vehicle may stop for not more than ten consecutive minutes when actually loading or unloading passengers.
(Code 1976, § 10.40.120; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-348. Vehicle left with motor running prohibited.
No person shall park, stop or leave standing any vehicle on any street or public parking lot with the motor running, except when such vehicle is attended by some person competent and licensed to operate the same.
(Code 1976, § 10.40.140; Ord. No. 83-33, § 1(part), 1983) :::
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Sec. 38-349. Exceptions to parking and stopping prohibitions, limitations or restrictions.
aThe prohibitions, limitations and restrictions of this article against parking, stopping or leaving any vehicle do not apply when:
1The vehicle becomes disabled while on the street or public parking lot in such a manner or to such an extent that it is impossible to avoid stopping or temporarily leaving the vehicle in the prohibited place or contrary to the limitations or restrictions and when the owner or operator of such disabled vehicle has reported the vehicle disability to the Police Department;
2The stopping of the vehicle is necessary to avoid conflict with other traffic or to comply with traffic regulations or the directions of the traffic officer or traffic control sign or signal.
bA vehicle bearing a special registration plate or displaying a special identification card issued to a disabled person pursuant to state law is exempt from time limitations of 30 minutes or more imposed on any street or public parking lot and is exempt from all prohibitions, limitations or restrictions regarding parking on streets or in public or private parking lots in spaces reserved for handicapped parking.
(Code 1976, § 10.40.150; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-350. Officer to move vehicle parked illegally on street.
Whenever a police officer finds a vehicle parked, stopped or left standing upon a street in violation of any prohibition, limitation or restriction of this article, such officer is authorized to move the vehicle or to require the operator or owner to move the vehicle to a position where parking is permitted or to either private or public parking or storage premises. The removal may be performed by or under the direction of the officer or may be contracted for by local authorities. The operator or owner of the vehicle removed shall pay the reasonable charges for moving or towing or any storage involved. The removal of the vehicle shall not prevent prosecution for violation of a prohibition, limitation or restriction of this article.
(Code 1976, § 10.40.160; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-351. Violation; penalty.
aAny person who violates Section 38-336(7), parking within ten feet of a fire hydrant, shall pay a forfeiture to the City of $50.00.
bAny person who violates any provision of Section 38-339(a) or (c) or 38-344, except Section 38-339(a)(6), shall pay a forfeiture to the City of $15.00.
cAny person who violates Section 38-339(a)(6), regarding parking in a leased stall, shall pay a forfeiture to the City of $30.00.
dAny person who violates Section 38-339(b), regarding parking in handicap parking stalls and spaces, shall pay a forfeiture to the City of $120.00.
eAny person who violates Section 38-343, parking during and after snowstorms, shall pay a forfeiture to the City of $50.00.
fAny person who violates any provision of this article and who fails to pay a $30.00 parking ticket to the City within five working days of issuance of the ticket shall forfeit and pay to the City $15.00 in addition to the $30.00 parking ticket forfeiture.
gAny person who violates any provision of this article for which a different penalty is not otherwise specified shall, upon conviction, be subject to a forfeiture of not less than $30.00 nor more than $300.00, together with the costs of prosecution, and in default of payment thereof, shall be imprisoned in the Rock County Jail for a period of not more than 60 days.
(Code 1976, § 10.40.170; Ord. No. 84-417, §§ 1---3, 1985; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-352. Participation in Wisconsin Department of Transportation Non-Moving Traffic Violation and Registration Program.
aThe City of Janesville hereby elects to participate in the State of Wisconsin Department of Transportation Non-Moving Traffic Violation and Registration Program (hereinafter Program), pursuant to Wis. Stats. §§ 345.28 and 85.13 and Wisconsin Administrative Code Transportation Chapter 128, as from time to time amended or re-numbered.
bThe City of Janesville Police Department is hereby appointed the delegated agency of the City of Janesville for all matters pertaining to and/or arising from the Program, and shall, from time to time, promulgate and implement the provisions and requirements of participation in the Program.
cThe City shall notify the Wisconsin Department of Transportation of this election in the manner required by law and periodically pay the participation costs established and charged by the Wisconsin Department of Transportation, pursuant to Wis. Stats. § 85.13.
dThe City shall charge, assess and collect the costs of Program participation, implementation and operation against persons charged with non-moving traffic violations.
eThe provisions of this section shall be in addition to and not in derogation of any requirement, provision, penalty or remedy set forth otherwise in this or any other chapter or section of the City of Janesville Code of General Ordinances, state statutes, Administrative Codes, or law.
fThis article shall take effect the day after publication.
gParticipation in the program and applicability to non-moving traffic violations shall become effective in the manner set forth in Wis. Stats. § 345.28 and Wisconsin Administrative Code Transportation Section 128.03.
(Code 1976, § 10.40.180) :::
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Secs. 38-353---38-379. Reserved.
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ARTICLE XIV. PUBLIC PARKING LOTS
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Sec. 38-380. City-owned parking lots.
A list of all City-owned parking lots shall be kept on file in the City Engineer's office and shall be open to public inspection during regular office hours.
(Code 1976, § 10.44.010; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-381. Courthouse parking lots; additional restrictions.
In the upper and lower courthouse parking lots, the following restrictions shall apply in addition to all others provided by this article:
1No person shall stop, park or leave standing any vehicle in any space specifically designated for a particular person, official or type of vehicle, unless such person is that particular person or official or is driving that type of vehicle.
2The limitations regarding parking in the courthouse parking lots shall apply only from 7:30 a.m. until 5:30 p.m. on Monday through Friday. Such limitations shall not be applicable on Saturdays, Sundays or holidays on which the courthouse is not open for the transaction of official business.
3The courthouse parking lots shall be closed for all purposes between 10:00 p.m. and 6:00 a.m., except by specific permission of the Police Department.
(Code 1976, § 10.44.020; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-382. River Parking Plaza; additional restrictions.
In the River Parking Plaza, the following restrictions shall apply in addition to all others provided by this chapter:
1No person shall operate any vehicle on the River Parking Plaza if the gross weight of such vehicle exceeds three tons. The term "gross weight," as used in this section, means the weight of the vehicle equipped for service, plus the weight which the vehicle is equipped to carry as a load.
2The River Parking Plaza shall be closed for all purposes between 10:00 p.m. and 6:00 a.m., except by specific permission of the Police Department.
(Code 1976, § 10.44.030; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-383. Parking in school lots restricted.
No person shall park, stop or leave standing any vehicle in a public or vocational school parking lot unless such person is a student at the school, personnel of the school or is otherwise authorized to be on school premises.
(Code 1976, § 10.44.030; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-384. Speed limit in parking lots.
No person shall operate a vehicle in any public parking lot in the City at a speed of more than ten miles per hour.
(Code 1976, § 10.44.030; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-385. Operating violations in parking lots.
The provisions of state law and this Code dealing with operating under the influence of intoxicants, reckless driving, and hit and run shall apply in any parking lot in the City held out to the public for use of their vehicles, whether such lot is publicly or privately owned.
(Code 1976, § 10.44.030; Ord. No. 83-335, § 1(part), 1983) :::
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Sec. 38-386. Violation; penalty.
Any person who violates any provision of this article shall, upon conviction, be subject to a forfeiture of not less than $30.00 nor more than $500.00 for each offense, together with the costs of prosecution, and in default of payment thereof, shall be dealt with as provided by law. Each occurrence constitutes a separate violation. In addition to the imposition of a forfeiture and the costs of prosecution, violators may have their vehicles and other devices immediately towed and stored by the police department or others on its behalf, with the costs of such towing, removal, and storage charged against the owner and collected as a debt, and if not timely paid, levied as a special charge against the owner's real property. The towed vehicle or other device so removed will not be released until such costs are paid in full. Appeals of towing and storage costs and fees must be filed in writing with the chief of police or the chief's designee within 14 days of the towing or the mailing of the invoice, whichever occurs later. The common council will have the last word.
(Code 1976, § 10.44.030; Ord. No. 83-335, § 1(part), 1983; Ord. No. 2024-897, § II, 8-26-2024) :::
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Sec. 38-387. No parking of motor homes and campers on city parking lots; camping regulations.
aNo motor home, camping trailer, camper, or other vehicle or device designed or used to provide temporary or permanent living quarters for recreation, camping, human habitation, or related travel use, may be parked upon any City of Janesville owned public parking lot at any time.
bDefinitions. 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:
1To camp or camping means to set up or to remain in or at a campsite, including the storage of personal belongings or camping materials.
2Campsite means any place where any bedding, sleeping bag, or other sleeping matter, or any stove or fire, is placed, established, maintained, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof.
3Camping materials means, but is not limited to, tents, tarps, umbrellas, metal sheeting, pallets, canopies, hammock, hunting blind, boxes, huts, temporary shelters, or vehicles.
4To store or storage means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
cIt shall be unlawful for any person to camp on city park property, on any public parking ramp property, or in areas of city-owned property prohibited by the common council, except as expressly authorized by city ordinance or by declaration of the city manager or common council in emergency or other special circumstances
(Ord. No. 2024-897, § I, 8-26-2024) :::
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Secs. 38-388---38-415. Reserved.
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ARTICLE XV. ABANDONED, UNLICENSED OR NONOPERABLE28
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Sec. 38-416. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandoned motor vehicle means a motor vehicle which remains in one location on public property for more than 48 hours. Also included in the term "abandoned motor vehicle" is a motor vehicle which remains in one location on private property without any permission of the occupant of the private property for more than one hour. Any substantial part of a motor vehicle are included in the above definition.
Nonoperable motor vehicle means a motor vehicle or any substantial part thereof which is incapable of being operated.
Unlicensed motor vehicle means a motor vehicle which does not have affixed thereto a current motor vehicle license.
(Code 1976, § 10.52.010; Ord. No. 79-155, § 1(part), 1979) :::
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Sec. 38-417. Prohibition.
No person who owns or possesses or has custody of a motor vehicle shall allow the same or any substantial part thereof to become an abandoned motor vehicle. No person being the owner or occupant of private property, shall allow an unlicensed motor vehicle or non-operable motor vehicle to remain on such private property for more than ten calendar days. Such allowance is a public nuisance and may be abated or removed and penalties imposed as set forth in this article. Any such vehicle may be disposed of as set out in this article.
(Code 1976, § 10.52.020) :::
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Sec. 38-418. Exemptions.
This article shall not apply to an automobile sales or repair enterprise operating a properly zoned area for such enterprises; provided there is, upon such premises, an inside storage area sufficient to accommodate five or more motor vehicles at one time. Such exempt business enterprises shall include auto junkyards, auto repair shops, or accessory, tire and battery sales stores, or vehicles stored inside a suitable building.
(Code 1976, § 10.52.030; Ord. No. 79-155, § 1(part), 1979) :::
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Sec. 38-419. Owner notification.
Upon determination that the time limits specified in Sections 38-416 and 38-417 have run out, removal proceedings may commence. The commencement of such proceeding shall be by service, personally or by first class mail, of a notice on the record owner and all lienholders of record that such vehicle is in violation of this article. At the same time, a notice containing the word "abandoned" shall be placed in a conspicuous place on the vehicle specifying that the vehicle is in violation of this article and that the vehicle must be removed within 48 hours of the affixing of the notice.
(Code 1976, § 10.52.040; Ord. No. 79-155, § 1(part), 1979) :::
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Sec. 38-420. Re-inspection fee.
A re-inspection fee shall be charged by the City against and paid by the property owner for every violation that is not corrected by the re-inspection date. An additional re-inspection fee shall be charged by the City for each subsequent re-inspection per violation until full compliance is achieved. The re-inspection fee and additional re-inspection fee shall be in amounts as established by the City Council from time to time, and as set out in the fee schedule that appears in this Code.
(Code 1976, § 10.52.045) :::
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Sec. 38-421. Removal.
After two days after personal service or four days after mailing, as specified in Section 38-419, the Chief of Police or his or her designee is authorized to remove or to direct the removal of the vehicle that has remained beyond the applicable time limit.
(Code 1976, § 10.52.050; Ord. No. 79-155, § 1(part), 1979) :::
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Sec. 38-422. Disposal.
Upon removal the vehicle shall be disposed of as set forth in Wis. Stats. § 342.40.
(Code 1976, § 10.52.060; Ord. No. 79-155, § 1(part), 1979) :::
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Sec. 38-423. Towing cost.
Upon conviction for violating this article, the amount of the towing expense shall be added to the amount of forfeiture imposed.
(Code 1976, § 10.52.070) :::
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Sec. 38-424. Violation; penalty.
Any person convicted of a violation of this article is subject to a fine of not less than $50.00 nor more than $200.00, together with the costs of prosecution and the costs of removal of the motor vehicle as provided in this article. In default of payment, the violator shall be imprisoned in the Rock County jail for a period of not less than five days, nor more than 30 days.
(Code 1976, § 10.52.080; Ord. No. 79-155, § 1(part), 1979) :::
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Secs. 38-425---38-446. Reserved.
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ARTICLE XVI. PEDESTRIANS29
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Sec. 38-447. Malls designated; violation; penalty.
aThe following streets are designated as pedestrian malls, and vehicular traffic thereon in any form is entirely prohibited: Wells Street from South Garfield Avenue easterly to Forest Park Boulevard.
bAny person who violates this section shall, upon conviction, be subject to a forfeiture of not less than $20.00 nor more than $200.00, together with the costs of prosecution, and in default of payment thereof, shall be imprisoned in the Rock County Jail for not more than 60 days.
(Code 1976, § 10.56.010; Ord. No. 83-335, §§ 2(part), 4(part), 1983) :::
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Sec. 38-448. Traffic-control signals.
The City Manager is authorized to install a pedestrian traffic control signal at the following locations:
1North Washington Street at the intersections of Maple Avenue;
2Mt. Zion Avenue at the location of the Jefferson School.
(Code 1976, § 10.56.020) :::
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Secs. 38-449---38-479. Reserved.
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ARTICLE XVII. MOTOR-PROPELLED VEHICLE
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Sec. 38-480. Regulations; generally.
In order to provide for the health, safety and general welfare of the citizens, and to regulate vehicles inherently dangerous to life and limb, and to further provide for abatement of noise pollution, the provisions of this article are enacted upon all public and private lands within the City.
(Code 1976, § 10.60.010) :::
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Sec. 38-481. Use; area allowed.
All vehicles, as defined by Wis. Stats. § 340.01(74), and which are licensable under the Vehicle Code of the state, may only be driven on public roadways dedicated for public travel, and to and from any place of parking on private property by the shortest distance to such public roadways.
(Code 1976, § 10.60.020) :::
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Sec. 38-482. Unlicensed vehicles; use prohibited when; exceptions.
aAll vehicles, as defined in Section 38-481, which are not licensable under the Vehicle Code of the state are expressly prohibited from being operated within the City, whether on public or private property, between 9:00 p.m. and 8:00 a.m., unless excepted by Section 38-483 or 38-484, or 38-485.
bNo person shall operate any such unlicensable vehicle on any land zoned R1 or R2 by this Code at any time, except that a person may operate an ATV and other unlicensable vehicles upon land zoned R1 or R2 solely for the following purposes, and then only during such times as set forth in Subsection (a) of this section:
1To and/or from a garage, storage shed or similar structure upon property which is such person's principal residence or where such ATV or other unlicensable vehicle is customarily stored to load upon or unload from a truck or other vehicle for transport and use off site, but only by means of the shortest distance, and in no event longer than five minutes at any one time nor more often than twice per day.
2To haul a boat trailer for storage purposes upon property which is such person's principal residence or where such trailer is customarily stored, but only by means of the shortest distance, and in no event longer than five minutes at any one time nor more often than twice per day.
3To plow snow upon paved driveways or sidewalks.
(Code 1976, § 10.60.030) :::
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Sec. 38-483. Exceptions to Section 38-481.
Excepted from Section 38-481 shall be any vehicles operated by employees of or incidental to the function of any federal, state or municipal governmental body or any subdivision thereof.
(Code 1976, § 10.60.040) :::
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Sec. 38-484. Exceptions to Section 38-482.
Excepted from Section 38-482 shall be vehicles as described in Wis. Stats. §§ 341.26(3), (4) and 341.266: powered lawn mowers, garden tractors, and agricultural equipment; golf carts and golf course maintenance equipment, when operated on golf courses; equipment being directly used in construction, removal, renovation or demolition of any property, or such equipment when in transit; any vehicles operated by employees of or incidental to the function of any federal, state or municipal governmental body or any subdivision thereof; and vehicles operated inside of buildings, power-driven equipment actually being used in manufacturing, processing or warehousing or such equipment when in transit.
(Code 1976, § 10.60.050) :::
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Sec. 38-485. Limitation of vehicles operating in certain areas.
Notwithstanding any provision of this article, all vehicles specifically allowed to operate in certain areas by Sections 26-24 through 26-35 are permitted to operate within those limitations.
(Code 1976, § 10.60.060) :::
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Sec. 38-486. Violation; penalty.
The penalty for violation of this article shall be the same as that prescribed in Section 38-580.
(Code 1976, § 10.60.070) :::
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Secs. 38-487---38-510. Reserved.
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ARTICLE XVIII. BICYCLES30
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Sec. 38-511. Reserved.
(Code 1976, § 10.64.010)
Editor's note(s)---Ord. No. 2017-704, § I, adopted November 27, 2017, repealed § 10.64.010, which pertained to registration---required. :::
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Sec. 38-512. Reserved.
Editor's note(s)---Ord. No. 2017-704, § I, adopted November 27, 2017, repealed § 10.64.020, which pertained to description---form---constitutes registration---serial number---file kept by police. :::
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Sec. 38-513. Reserved.
(Code 1976, § 10.64.030)
Editor's note(s)---Ord. No. 2017-704, § I, adopted November 27, 2017, repealed § 10.64.030, which pertained to identification tag and derived from Ord. No. 79-169, 1979. :::
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Sec. 38-514. Reserved.
Editor's note(s)---Ord. No. 2017-704, § I, adopted November 27, 2017, repealed § 10.64.040, which pertained to police notification of non-operation or change of ownership. :::
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Sec. 38-515. Feet required to be on pedals.
No bicycle shall be allowed to proceed on any street in the City by inertia of momentum with the feet of the rider removed from the pedals.
(Code 1976, § 10.64.050) :::
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Sec. 38-516. Leaving or parking to create a hazard unlawful.
No person shall leave or park a bicycle at such a place or in such a way as to create a hazard to pedestrians, automobile operators, or to anyone else.
(Code 1976, § 10.64.060) :::
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Sec. 38-517. Driving rules applicable; exceptions.
Subject to the special provisions applicable to bicycles, every person riding a bicycle upon a roadway is granted all the rights, and is subject to all the duties, which this chapter, except Articles XV, XVII, and XX, grants or applies to the operator of a motor vehicle, except those provisions which by their express terms, apply only to motor vehicles, or which, by their very nature, would have no application to bicycles.
(Code 1976, § 10.64.070) :::
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Sec. 38-518. Riding on sidewalks---Unlawful when.
Bicyclists exercising due care may drive and operate their bicycles upon the sidewalk, except sidewalks in the Central Business Districts, in outlying Business Districts, pedestrian paths, within one block of school grounds, or public playgrounds, when such riding shall jeopardize the safety of pedestrians thereon.
(Code 1976, § 10.64.080) :::
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Sec. 38-519. Riding on sidewalks---Passing regulations; pedestrians to have right-of-way.
It is unlawful for any person driving a bicycle on the sidewalk to attempt to pass another person going in the same direction on the sidewalk, without giving a warning, and until it becomes evident that the person so warned is aware of the approach of such person driving the bicycle. Pedestrians shall at all times have the right-of-way upon the sidewalks, and if necessary, the person driving such bicycle shall dismount and vacate the sidewalk to prevent a collision. Any such person driving a bicycle upon the sidewalk must have the bicycle under control at all times.
(Code 1976, § 10.64.090) :::
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Sec. 38-520. Violation; penalty.
Any person who violates the provisions of Sections 38-511 through 38-519 shall pay a forfeiture or fine in the amount of $5.00 and the costs of prosecution. For the second or subsequent offense, the violator shall pay a forfeiture in the amount of $10.00 and the costs of prosecution.
(Code 1976, § 10.64.100) :::
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Sec. 38-521. Parent or guardian responsibility; generally.
No parent or guardian of any child under the age of 18 years shall authorize or knowingly permit such child to violate any of the provisions of Wis. Stats. § 346.78, 346.79, 346.80 or 347.489, adopted by reference in Section 38-1, or Sections 38-511 through 38-520.
(Code 1976, § 10.64.110) :::
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Sec. 38-522. Violation; penalty.
Any person who violates Section 38-521 shall pay a forfeiture of no more than $20.00 and the costs of prosecution, or in default of payment thereof shall be imprisoned in the Rock County jail for not more than five days.
(Code 1976, § 10.64.130) :::
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Secs. 38-523---38-554. Reserved.
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ARTICLE XIX. BICYCLES AND OTHER FOUND PROPERTY; DISPOSAL
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Sec. 38-555. Disposal of bicycles and other found property.
aThe City may, from time to time, dispose of any and all found personal property, including, but not limited to, bicycles, which has been abandoned or remained unclaimed for a period of 30 days after the City takes possession of the property by any means determined by the City Manager to be in the best interests of the City.
bThe found, abandoned or unclaimed property may be disposed of by public auction or by sale open to the public.
cIf the found, abandoned or unclaimed property is not disposed of in a sale open to the public or by public auction, the City shall maintain:
1An inventory of such property.
2A record of the date of method of disposal, including the consideration received for the property, if any.
3The name and address of the person taking possession of the property.
4Such inventory shall be kept as a public record for a period of not less than two years from the date of disposal of the property by the City.
dFor bicycles, any means of disposal other than public auction or sale open to the public is hereby permitted by this article.
eIf the disposal is in the form of a sale, all receipts from the sale, after deducting the necessary expenses of keeping the property and conducting the sale, shall be paid to the City Treasurer who shall deposit same into the City's general fund.
(Code 1976, § 10.66.010) :::
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Sec. 38-556. Adoption of state law.
aThis article hereby adopts and incorporates herein by reference as if fully set forth Wis. Stats. § 66.0139 as from time to time amended or modified.
bWhenever any provision of this article is in conflict with state law, the provisions of state law shall govern.
(Code 1976, § 10.66.020) :::
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Secs. 38-557---38-575. Reserved.
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ARTICLE XX. SNOWMOBILES31
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Sec. 38-576. State regulations adopted.
Wis. Stats. ch. 350 is adopted by reference, incorporated in this article as set forth in its entirety, including the applicable penalty provisions.
(Code 1976, § 10.68.010; Ord. No. 75-472, § 5, 1975) :::
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Sec. 38-577. Prohibitions; exceptions.
Snowmobiles are specifically prohibited from operating on public lands within the City, or upon any public lands owned by the City, except those areas and time periods approved by the City Council and designated on an official map in the office of the Director of Public Services.
(Code 1976, § 10.68.020) :::
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Sec. 38-578. Stock mufflers required.
Stock mufflers are required on all machines.
(Code 1976, § 10.68.030) :::
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Sec. 38-579. All-terrain vehicle regulations.
All-terrain vehicles shall be subject to all snowmobile regulations.
(Code 1976, § 10.68.040) :::
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Sec. 38-580. Violation; penalty.
Any person who violates any provision of this article where a penalty is not provided in Wis. Stats. ch. 350 shall forfeit and pay to the City a penalty of not less than $25.00 and not to exceed $100.00, together with the costs of prosecution for each offense. In default of the payment of such penalty, the violator shall be imprisoned not less than five days nor more than 30 days in the county jail.
(Code 1976, § 10.68.060) :::
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Secs. 38-581---38-610. Reserved.
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ARTICLE XXI. SKATEBOARD REGULATIONS
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Sec. 38-611. Prohibition; public property restriction.
It shall be unlawful for any person to operate, ride, ride upon, or propel a skateboard:
1Upon any public street, highway, sidewalk, parking lot, or other public property of any kind within the following specifically defined area: the area bounded by North Academy Street from Centerway to Dodge Street, Dodge Street from North Academy Street to North River Street, North River Street from Dodge Street to West Court Street, Court Street from North River Street to the east bank of the Rock River, the east bank of the Rock River from East Court Street to St. Lawrence Avenue, St. Lawrence Avenue from the east bank of the Rock River to South Wisconsin Street, South Wisconsin Street from St. Lawrence Avenue to Prospect Avenue, Prospect Avenue from South Wisconsin Street to North Parker Drive, North Parker Drive from Prospect Avenue to Centerway, and Centerway from North Parker Drive to North Academy Street.
2City parking lots wherever located.
3The only exception to the above prohibitions shall be City-owned bike trails.
(Code 1976, § 10.70.010) :::
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Sec. 38-612. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Propel means the use of force to move or push forward.
Ride means to be carried or travel on a vehicle.
Skateboard means a play vehicle consisting of a board mounted on small wheels used for coasting or performing athletic stunts.
(Code 1976, § 10.70.020) :::
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Sec. 38-613. Private property.
It shall be unlawful for any person to operate, ride, or propel a skateboard upon any portion of private property unless permission has been received from the owner, lessee or person in control of that property.
(Code 1976, § 10.70.030) :::
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Sec. 38-614. Skateboarders to yield.
Except as provided in Section 38-611, skateboarding is permitted on publicly owned sidewalks and bike trails, provided that operators or riders of skateboards shall yield the right-of-way to other pedestrians and shall not otherwise endanger or interfere with normal pedestrian traffic on those sidewalks and bike trails.
(Code 1976, § 10.70.040) :::
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Sec. 38-615. Violation; penalty.
The penalty for violating Sections 38-611 through 38-614 shall be the payment to the City of a forfeiture of not less than $10.00 nor more than $20.00 for the first offense, and not less than $25.00 nor more than $50.00 for the second and subsequent offense.
(Code 1976, § 10.70.050) :::
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Secs. 38-616---38-633. Reserved.
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ARTICLE XXII. LOW-SPEED VEHICLES
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Sec. 38-634. Definition.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Low-speed vehicle (LSV). The term "low-speed vehicle means a motor vehicle:
1That is defined as a LSV under state law, as from time to time amended or renumbered (i.e., Wis. Stats. § 340.01(27h)); or
2That conforms to the definition and requirements for low-speed vehicles as adopted in the federal motor vehicle safety standards for low-speed vehicles under 49 CFR 571.3(b) and 571.500. The term "low-speed vehicle" does not include a golf cart.
(Code 1976, § 10.71.010) :::
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Sec. 38-635. Use permitted on City streets.
aThe use of a LSV is prohibited except as expressly authorized by this article.
bThe use of a LSV is hereby authorized on roadways within the City of Janesville upon which the speed limit is 35 miles per hour or less.
(Code 1976, § 10.71.020) :::
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Sec. 38-636. Operation.
aThe operation of a LSV as permitted herein shall comply in all respects with this chapter and other applicable provisions of this Code, as applicable to the operation of motor vehicles.
bNo person may operate a low-speed vehicle at a speed in excess of 25 miles per hour.
(Code 1976, § 10.71.030) :::
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Sec. 38-637. Violation; penalty.
aEach violation of this article shall result in the issuance of a citation and the payment to the City of a forfeiture by the violator in an amount of not less than $50.00 nor more than $500.00, together with applicable state penalty and other surcharges, and court costs.
bEach violation of a state or local traffic code not contained within this article shall subject the operator of the LSV to the citations and penalties set forth for such violations in the applicable state statutes and City ordinances. Such violations are cumulative to and not in lieu of those set forth for violations of this article.
(Code 1976, § 10.71.040) :::
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Secs. 38-638---38-662. Reserved.
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ARTICLE XXIII. JANESVILLE TRANSIT SYSTEM
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Sec. 38-663. Bus fares---Authority to establish.
The City Council shall have the authority to establish the fares to be charged by the Janesville Transit System for bus service. The regular fare rates may be modified by ordinance whenever the Council deems it necessary. However, a temporary variation (defined as no longer than six consecutive days) from the regular fare rates may be authorized by simple motion of the council.
(Code 1976, § 10.76.010; Ord. No. 80-218, § 1(part), 1981) :::
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Sec. 38-664. Bus fares---Regular fare rates.
The regular fare rates that shall be charged by the Janesville Transit System shall be in amounts as established by the City Council from time to time, and as set out in the fee schedule which appears in this Code. The following are exempt from the regular fare rates:
1Senior citizens, defined as persons who are 65 years of age or older, Federal Medicare Card holders, and persons with disabilities when such individuals follow the procedures required by the Transit Director will be charged a reduced fare, in amounts as established by the City Council from time to time and as set out in the fee schedule which appears in this Code. When such procedures have not been followed, the charge shall be $1.50 per ride per passenger.
2No charge for a child under five years old when accompanied by a fare-paying passenger to a maximum of two children per fare-paying passenger. Organized groups of children under five years old must pay the regular fare.
3No charge for any transfer from one transit system bus to another.
4Paratransit service for those disabled individuals qualifying for this service under the provisions of the Americans With Disabilities Act (ADA) and the procedures required by the Transit Director. This fare shall also apply to any person traveling as a companion, as defined by the ADA, with the disabled passenger. Personal Care Attendants as defined by the ADA, and certified as required to accompany the disabled person in question, will not be charged a fare as required by the ADA. The fare shall be in an amount as established by the City Council from time to time and as set out in the fee schedule which appears in this Code.
5Semester pass based on bulk purchase or consignment to the School District of Janesville for distribution or sale to its students; and the District follows certain certification procedures established by the Transit Director as a condition of eligibility to sell said passes. When the procedures are not followed, semester pass purchases or consignment shall discontinue. The fare shall be in an amount as established by the City Council from time to time and as set out in the fee schedule which appears in this Code.
6Summer pass based on bulk purchase or consignment to the School District of Janesville for distribution or sale to its students; and the District follows certain certification procedures established by the Transit Director as a condition of eligibility to sell said passes. When the procedures are not followed, summer pass purchases or consignment shall discontinue. The fare shall be in an amount as established by the City Council from time to time and as set out in the fee schedule which appears in this Code.
7Individuals using the MyJTS electronic fare system, only if such individuals follow the procedures required by the Transit Director, are eligible for a 30-day fare cap for Janesville fare zone rides in an amount as established by the City Council from time to time and as set out in the fee schedule which appears in Appendix A to this Code. When such procedures are not followed, individuals will not be eligible for fare capping and must pay the regular fare.
(Code 1976, § 10.76.020; Ord. No. 84-405, § 1, 1984; Ord. No. 83-344, § 1m, 1983; Ord. No. 81-272, § 1, 1981; Ord. No. 80-218, § 1(part), 1981; Ord. No. 2017-703, § I, 11-27-2017; Ord. No. 2023-864, § I, 3-13-2023) :::
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Sec. 38-665. Bus fares---Penalty.
Any individual who boards or rides a Janesville transit system bus, or other JTS transport vehicle for which payment of a fare is required, without first paying the fare required by this article shall pay a forfeiture of from $10.00 to $100.00, together with the costs of prosecution therefor, and in default of forfeiture payment, be subject to remedies provided by law.
(Code 1976, § 10.76.030; Ord. No. 80-218, § 1(part), 1981) :::
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Chapter 40 WATER AND SEWERS32
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ARTICLE I. IN GENERAL
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Secs. 40-1---40-18. Reserved.
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ARTICLE II. WATER SERVICE
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Sec. 40-19. Waterworks management.
The Board of Water Commissioners, as provided in Wis. Stats. ch. 66, has been abolished. The entire charge and management of the waterworks utility owned by the City, and all property used in connection therewith, shall be vested in the City Manager, subject, however, to the general control and supervision of the Council.
(Code 1976, § 13.04.010) :::
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Sec. 40-20. Definitions.
aThe following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Director means the City Manager, the Director of Public Works or Services, the Utility Director and/or other duly authorized deputy, agent or representative as designated by the City Manager.
PSC means Public Service Commission of Wisconsin.
Water main andpublic water main means the principal pipes in a system of pipes for conveying potable water. Public water mains are provided by or subject to the jurisdiction of the City. The term "water main" and "public water main" also includes water mains within or outside the City boundaries that serve one or more persons, even though those mains may not have been constructed with City funds. All individual water services must be connected to a public water main. Private water mains cannot be constructed or connected to the water distribution system.
Water service means the pipe running between the public water main and the water meter. The portion between the main and the curb stop is owned by the water utility and is the utility's responsibility to maintain. The portion between the curb stop and the meter is the customer's property and the customer's maintenance responsibility.
bSee Section 40-143 for additional definitions.
(Code 1976, § 13.04.020) :::
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Sec. 40-21. Rules and regulations, generally.
The Director shall have the power, and it shall be his or her duty, to prepare rules and regulations governing the introduction, supply and consumption of water, the installation of plumbing in connection therewith, and fixing a schedule of rates for water service within the City. Such rules and regulations are subject to review by the Council.
(Code 1976, § 13.04.030) :::
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Sec. 40-22. Billing.
aResidential bills shall be placed in the name of the property owner except as permitted in Subsection (b) of this section.
bResidential property owners may have the bill placed in the name of the tenant if the following conditions are met:
1The owner of the rental dwelling unit notifies the utility in writing of the name and address of the owner.
2The owner of the rental dwelling unit notifies the utility in writing of the name and address of the tenant who is responsible for payment of the utility charges.
3If requested by the utility, the owner of the rental dwelling unit provides the utility with a copy of the rental or lease agreement in which the tenant assumes responsibility for the payment of the utility charges.
cIn order to comply with the requirements of Subsection (b) of this section, the property owner must complete a written application in compliance with the operating policies of the Janesville Utility.
(Code 1976, § 13.04.035) :::
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Sec. 40-23. Water treatment.
To protect the public health, the water utility shall add chlorine and fluoride to the water supply prior to entering the distribution system in accordance with the State Administrative Code. The water utility shall conduct a monitoring and reporting program in compliance with the state requirements.
(Code 1976, § 13.04.040) :::
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Sec. 40-24. Service area.
The water utility shall provide service within the corporate limits of the City. Service to properties or areas outside the City limits cannot be provided unless the property owners enter into an agreement with the City and a boundary agreement has been adopted between the City and the political jurisdiction in which the property is located. This agreement will, among other things, require the property owner, or the property owner's heirs or successors, to annex into the City when the City's corporate limits reach any side of the property. If the property owner fails to annex to the City, for any reason, service will be terminated until such time that annexation does occur.
(Code 1976, § 13.04.050) :::
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Sec. 40-25. Underground work to be done by City; exception.
aThe laying of water mains, the construction of service laterals in connection with water services, and also any and all necessary underground work in connection with the waterworks distribution system may be done directly by the City without submitting the same for bids. This provision shall continue in force, until otherwise provided by the Council by proper ordinance; however, the rules may provide that repairs and replacements of certain types of laterals shall be done by and at the expense of the abutting property owner subject to City supervision. All such work shall be done in accordance with the City and state plumbing codes.
bTo protect the City and property owners, permits for laying of water services will be issued only to plumbers licensed in the State of Wisconsin. It shall be the duty of the Plumbing Inspector to supervise the installation of water services and require said work and materials to be in accordance with SPS 382.40 and City ordinance.
cIn addition to the Public Service Commission (PSC) Water Utility Operating Rules, no extension of the water supply service shall be made from one building to a separate building on the same lot or parcel and no division of water supply service shall be made at the curb to serve a separate building on the same lot or parcel, except as described in the following sentence. Buildings used in the same business, located on the same parcel, and served by a single lateral may have the customer's water supply piping installed to a central point so that volume can be metered in one place.
dAll water service pipe laid underground between stop box and the meter of two inches in diameter or less shall be of the materials listed in SPS 384. All pipe laid underground between main and stop box shall be Type K soft copper. All pipe larger than two inches installed within the public right-of-way shall be ductile iron pipe meeting the standards of the American Water Works Association (AWWA) for water service.
eIn addition to the PSC Water Utility Operating Rules, when the property requires a larger service lateral to replace an existing smaller diameter pipe, the smaller service must be disconnected at the main by removal of the corporation. It will be the responsibility of the owner to remove the existing corporation and plug the main, the owner is also responsible for the excavation of the water main at the existing corporation and the street repair. In addition, the existing curb box (stop box) must be removed by the owner. The owner is also responsible for all costs associated with the installation of the new larger service lateral from the main to, and including, the curb box. Normally, two or more water services may not be connected together for the purpose of increasing the quantity of water available for a single premise. Two services will only be provided to one facility when required by the State Administrative Code (i.e., certain medical facilities). Existing facilities that do have more than one service to a single premise are required to provide adequate backflow prevention to ensure the safety of the public water supply.
fWhen the utility discovers two properties, dwellings, etc., Except duplexes and condominium units, which are fed from one service and the City is involved in reconstructing the street in front of these properties, the property owner, who does not have his or her own service, shall be instructed to connect to a new service provided by the City. The property owner shall be responsible for the service from the main to the meter. If two property owners share a water service and the property served by the service requests that the adjoining property be separated, the customer who is requesting to install a new water service will be responsible to install a water service from the main to the meter The cost of installing the new water service shall be divided between the property owners. In both of the above two cases, the property owner must connect to this new water service within 12 months of being notified by the City.
gPrior to razing any building, or portion thereof, the person to whom a razing permit has been issued shall cause all water services to be disconnected and capped at the curb stop if the service is to be reused, and is of copper, PVC or ductile iron, if, however, the service is not scheduled for reuse, or is of wrought iron, lead or cast iron it shall be disconnected at the main by the removal of the corporation stop unless otherwise approved by the Director, the service lateral shall be abandoned. It will be the responsibility of the owner to remove the existing corporation and plug the main. The owner is responsible for the excavation of the water main at the existing corporation and the street repair. In addition, the existing curb box (stop box) must be removed by the owner. If the existing service is greater than two inches in diameter the existing tap valve shall be removed and a solid sleeve shall be installed on the water main or plug the existing tee at the water main, as applicable.
hRequests for the insertion of any corporation valve or tapping valve for a service connection to the utility mains, shall be made at least 24-hours in advance. Tapping for the installation of corporations or valves will not be undertaken when temperatures are 32 degrees Fahrenheit, zero degrees centigrade or below.
iAll water service pipes shall be located within extended property lines of the property served, or on street right-of-way, or other public land, and so installed as not to interfere with other utility lines.
(Code 1976, § 13.04.060; Ord. No. 2020-798, § 1, 8-24-2020; Ord. No. 2023-865, § I, 4-10-2023) :::
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Sec. 40-26. Meters.
aAll services connected to the water system shall be metered except for fire protection services larger than two inches which may be unmetered.
bIn addition to the PSC Water Utility Operating Rules, all metered customers of the Janesville Water Utility shall allow the installation of a radio reading device. The radio reading device will allow the utility to obtain water meter reading on a regular basis without entering the customer's property.
cMeters shall be the same size as the service lateral; however, the water meter may be downsized in accordance with applicable City and state plumbing codes; if desired by the owner, provided the minimum meter size shall be three-quarter inch. The property owner and the City Plumbing Inspector shall confer on the type and size for the premises. The selection shall be based on the water use and be in accordance with City and state plumbing codes.
dIn addition to the PSC Water Utility Operating Rules, all meters must be placed in the basement where a basement exists and shall be placed on the service pipe not to exceed two feet from just inside the building wall line nearest the street in which the connection is made to the utility main. When no basement exists the meter shall be placed in such a location as to meet the following requirements for meters in basements, and the meter location shall be as approved by the water utility.
eA copper meter horn shall be provided to receive the meter on all services up to and including one-inch services. Meters of 1½ inch and larger shall be provided with a bypass of equal size to the meter. No connection or fitting other than those necessary for the connection of the meter and a bypass, when required, shall be inserted between the curb valve and the meter valve.
fAll meters shall have a stop valve on both the inlet and the outlet sides of the meter and all meter installations requiring a bypass shall also have a stop valve on the bypass. It is the customer's responsibility to maintain the valves in proper working order. Water must pass through a meter except as stated in Section 40-27. Diverting water around the meter via bypass constitutes a violation of this article.
gIf a bypass valve is found open, the Director may require the installation of a locking device or other method of restricting unauthorized use of the bypass. If a locking device is not feasible a meter may be required to be installed on the bypass.
hNo permit will be given to change from metered to flat rate service.
iThe City Plumbing Inspector may at any time order the relocation of existing meter located in pits or extremely difficult areas to access. Water meters shall not be installed below plumbing fixtures nor shall any water meter be installed in a toilet room. Water meters shall not be installed below stairways, landings, showrooms, or other platforms. Water meter service to multi-residential building units shall be readily accessible to City personnel during normal working hours. All meters shall be installed in the common portion of the basement or common utility rooms not located in the individual living units. Where individual meters are desired per living units, the meters shall be clustered or banked together in a common accessible location as noted above.
jFailure to allow Water Utility personnel to access the base meter for the purposes of getting a meter reading, meter replacement, and or meter reading device installation or upgrade will result in water service disconnection or a $25.00 fine per month until the required work has been completed. See: PSC185.37.
kFor all 3" and larger water meters, a test port must be hard piped from the water meter to the exterior of the building to allow for periodic water meter flow testing.
(Code 1976, § 13.04.070; Ord. No. 2020-798, § 2, 8-24-2020; Ord. No. 2023-865, § II, 4-10-2023) :::
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Sec. 40-26.5 Replacement of lead or iron service pipes; exception.
aPurpose. Lead service lines and iron service lines once downstream of a lead service line have the potential to leach lead into drinking water. Disturbing or reconnecting to an existing lead service line may increase lead levels in drinking water. Elevated lead levels in drinking water have been determined to cause health problems in young children, pregnant women and their unborn children, and are also potentially harmful to adults. The Common Council, therefore, find it in the public interest to establish a comprehensive program for removing and replacing lead service lines and iron service lines once downstream of a lead service line within and connected to the City's water distribution system.
bAuthority. This section is enacted pursuant to Wis. Stats. §§ 62.11(5), 66.0627(8), and 196.372.
cDefinitions. This section shall be interpreted so that the intent and purpose described may be accomplished. Words and phrases shall be understood according to common meanings unless the contrary is clearly indicated. Definitions of terms used in this section are listed below:
1Distribution system. The network of water pipes, including mains and service lines, owned and operated by the utility.
2Housing Services Director. The Director or Manager of the City Housing Services Division or their designee.
3Lead service line or LSL. A Water Service Line constructed of lead.
4Neighborhood and Community Services Director. The Director of the City Neighborhood and Community Services Department or their designee.
5Non-compliance penalties. Penalties and other relief that may be imposed or implemented by the City for failure of a person to take action as required by this section as provided in Subsection (i).
6Plumbing Contractor. A person, firm, corporation, or other entity owned by or employing a person, who is licensed by the State of Wisconsin to perform plumbing work in Wisconsin.
7Pre-qualified Plumbing Contractor. A Plumbing Contractor that has been placed on the Utility's Pre-qualified Plumbing Contractor list, pursuant to pre-qualification standards and procedures established by the Utility.
8Private lead or iron service line or private LSL. A private service line constructed of lead or iron.
9Private LSL replacement costs. The labor and material costs incurred to remove and replace a private LSL, including, but not limited to, costs to excavate, backfill, and replace the turf over the excavation. private LSL replacement costs do not include costs for property modification needed to facilitate the replacement of the private LSL, including, but not limited to, interior or exterior renovations of buildings or structures to facilitate access to the private LSL or changes to interior plumbing past the inlet to the property owner's water meter; restoration of any foundation or any other surface that is disrupted as part of the replacement; or restoration or replacement of any trees, bushes, or any other landscaping damaged or removed as part of the replacement.
10Private service line. The portion of a water service line or LSL owned by a property owner which extends from the outlet of the curb stop to the inlet of the property owner's water meter. The outlet joint of the curb stop is considered to be part of the private service line.
11Property. Real property as defined in Wis. Stat. § 70.03.
12Property owner. A person, partnership, association, or body politic or corporate, including an estate or trust, having an ownership interest, legal or equitable, in a property, except that a purchaser of a property under a legally recorded land contract shall be considered the property owner of the property.
13PSC. Public Service Commission of Wisconsin.
14Utility. The Janesville Water Utility, the City Utility responsible for operating the City's public water system.
15Utility lead service line or utility LSL. A utility service line constructed of lead or iron.
16Utility Director. The Director of the Utility or their designee.
17Utility service line. The portion of a water service line owned by the utility which extends from the water main to the outlet of the curb stop, including the curb stop.
18Water service line. The water service line that extends from the utility's water main to the inlet of the property owner's water meter. A water service line includes both a private service line and a utility service line.
dLead or iron service line replacement requirement.
1As provided in this section, all existing lead service lines (LSLs) and iron service lines once downstream of a lead service line which are part of or connected to the distribution system shall be replaced with water service lines constructed of materials approved by the City.
2Where both a utility service line and a connected private service line are constructed of lead or iron, the replacement of both sides of the water service line shall be completed at the same time following the process set out in Subsection (f).
3Where a private lead or iron service line is not connected to a utility service line constructed of lead or iron, the replacement of the private LSL shall be completed under a schedule established by the utility.
4As of the effective date of this section, no person, other than a utility employee or agent, may connect a private LSL to a non-lead utility service line, except as a temporary emergency repair.
eIdentification of private lead service lines.
1Upon request, a property owner of property connected to the distribution system shall permit an authorized utility employee or representative access to the property to inspect the connection between the private service line and the property owner's water meter in order to confirm the private service line's material of construction.
2If a property owner does not provide access to the property for such inspection, the utility director is authorized to take the steps necessary to complete the inspection and confirm the private service line's material of construction, and to issue or seek the issuance of non-compliance penalties and/or other relief.
3As an alternative to the utility inspection, a property owner may arrange to have a Plumbing Contractor perform the inspection and provide inspection results to the utility.
4If the utility confirms that a private service line is constructed of lead or iron, the utility will notify the property owner of the requirement to replace the private lead or iron service line following the steps detailed in Subsections (f) or (g), depending on the circumstance.
5The utility shall create and maintain records of all inspected, identified, and replaced private service lines in the City, until such time that no lead service lines exist, and otherwise in compliance with Wisconsin's Public Records Laws.
fReplacement of private lead service lines in conjunction with replacement of utility lead service lines.
1Utility LSLs will be replaced as part of a City street reconstruction project, if possible. Before undertaking a project which will replace utility LSLs, the utility shall identify those properties that connect to the utility LSLs planned for replacement.
2Prior to scheduling the replacement of utility LSLs, a utility employee, proficient at determining lead and iron service line materials, shall inspect each connected and affected private service line to determine whether it is constructed of lead or iron.
3If a private service line is found to be constructed of lead or iron, the utility will notify the property owner of that fact in writing. The utility will also notify the property owner that the property owner must replace the private lead or iron service line in conjunction with City's scheduled replacement of the utility LSL that is connected to that private lead or iron service line, and that failure to do so may subject the property owner to non-compliance penalties. This replacement will be at the sole cost and expense of the property owner.
4At least 90 days prior to the date of the scheduled replacement of a utility LSL, the utility shall notify the property owner with a connected private lead or iron service line in writing of the scheduled date of replacement of the utility LSL.
5The property owner must schedule the replacement of the private lead or iron service line to coincide with the scheduled replacement of the utility LSL. Within 30 days of receiving the replacement notice, the property owner shall notify the utility that the replacement of the private lead or iron service line has been scheduled and provide the name of the Plumbing Contractor who will complete the replacement work.
6Private lead or iron service line replacement work must be completed at the same time as the utility LSL is replaced. An extension of time may be allowed by the Utility Director only if the property owner demonstrates that there is a compelling need for an extension and that an extension will not create an imminent threat to the health, safety, or welfare of the public.
7Failing to replace a private lead or iron service line as required by this section may result in the issuance of non-compliance penalties and/or implementation of other relief.
8A property owner who replaces a private lead or iron service line under this subsection may be eligible to receive financial assistance under the program described in Subsection (h).
gReplacement of private lead service line where only the private portion of the water service line is lead.
1If the utility confirms that a private service line is constructed of lead and notifies the property owner of that fact in writing as provided by Subsection (e), the property owner must, unless Subsection (f) applies, arrange for the replacement of the private LSL to be completed by the deadline established in Subsection (d)(3). An extension of time may be allowed by the Utility Director only if the property owner demonstrates that there is a compelling need for an extension and that granting an extension will not create an imminent threat to the health, safety, or welfare of the public.
2Failing to complete the replacement of the private LSL within the required time period may result in the issuance of non-compliance penalties and/or implementation of other relief.
3A property owner who replaces a private LSL under this subsection may be eligible to receive financial assistance under the program described in Subsection (h).
hFinancial assistance for private LSL replacements.
1Development of financial assistance program. The utility is authorized to establish a program to provide eligible property owners with financial assistance to replace private LSLs. The terms of the utility's financial assistance program must be consistent with this subsection.
2Janesville Utility Grant available. The utility may provide an eligible property owner with a grant to pay for a portion of the property owner's private LSL replacement costs as determined under Subsection (h)(7). The grant will be provided as long as funds are available.
a. Eligibility for financial assistance. A property owner is eligible for financial assistance under this subsection if the property owner satisfies each of the following three criteria:
i. The property owner alone, or collectively with others, either owns the entire fee simple title to, or else is the purchaser under a legally recorded land contract of, the property served by the private LSL.
ii. The property owner's private LSL is attached to either a utility service line that is not an LSL, or a utility LSL scheduled for replacement and for which the property owner has been notified by the utility of such scheduled replacement.
iii. The property owner must be current with their property taxes and Janesville municipal utility bill.
3Janesville Housing LSL Grant Available. The utility, in cooperation with the Janesville Housing Division, may provide additional need-based grant funding to eligible homeowners to pay for a portion of the homeowner's private LSL replacement costs as determined under Subsection (h)(7). Funding for this grant is provided through the Community Development Block Grant Program and is subject to an annual allocation of the Community Development Authority. The grant will be provided as long as funding is available.
a. Eligibility for financial assistance. A property owner is eligible for financial assistance under this subsection if the property owner satisfies each of the criteria listed in Subsection (2) above and each one of the following two criteria:
i. The property is a single family or two-family home that is owner occupied as the applicant's primary residence.
ii. The household's gross annual income must be at or below 80 percent of the Rock County median income level based upon household size and as determined by the U.S. Department of Housing and Urban Development income limits at the time of application. Income limits are adjusted annually. Limits currently in effect can be found at: https://www.huduser.gov/portal/datasets/il.html
4Application for financial assistance. A written application for financial assistance must include all of the following:
a. A completed application on a form furnished by the utility signed by the eligible property owner. The completed application form shall include a certification by the property owner that attests that the property owner alone, or collectively with others, owns the entire fee simple title to the property served by the private LSL.
b. Applicants interested in applying for the Janesville Housing LSL Grant, will be required to answer additional questions regarding the household's income and assets and will be required to provide supporting documentation to determine whether the household is income eligible to receive additional grant funding.
c. Copies of all, but no less than two, written quotes obtained by the property owner from different pre-qualified Plumbing Contractors for the replacement of the property owner's private LSL. Quotes shall either be limited to, or otherwise clearly identify the amount related to, private LSL replacement costs as defined by this section.
5Limitations on amount of financial assistance.
a. A property owner will be eligible for financial assistance based on the lowest bid amount included in the written quotes submitted with the application. A property owner is responsible for and will not receive financial assistance for any private LSL replacement costs that exceed the amount of the lowest bid, unless an extraneous circumstance exists that will require the approval of the Utility Director. The Janesville Utility Grant and Janesville Housing LSL Grant amounts will be based on available funding.
b. Notwithstanding subsection a. above, the total amount of money provided through the Janesville Utility Grant and Janesville Housing LSL Grants may not exceed a property owner's actual private LSL replacement costs.
1Review of application. After a complete application for financial assistance is received, the utility shall review the application for completeness. The Housing Services Director will review applications and determine eligibility for the Janesville Housing LSL Grant. If the application is complete, the utility shall notify the property owner of the amount of financial assistance available. If the application is incomplete, the utility shall notify the property owner of that fact and the information needed to complete the application.
2Agreement. Financial assistance shall only be provided after a private LSL replacement agreement is entered into by the utility and the property owner, on a form provided by the utility. No reimbursement will be made for work completed prior to entering into an agreement.
3Payment of financial assistance. Upon completion of the private LSL replacement, the property owner shall provide the utility with a copy of the invoice from the Plumbing Contractor. Upon proof of completion satisfactory to the property owner and the utility, the utility shall directly pay the Plumbing Contractor, on behalf of the Property Owner, the amount of money approved by the utility for financial assistance for replacement of the private LSL. The utility shall provide the property owner with documentation of such payment.
4Appeal of adverse decision. In the event an application for the Janesville Housing LSL Grant Program is denied, an applicant may appeal the decision in writing within 14 calendar days to the Neighborhood and Community Services Director, whose decision will be final. Disputes regarding payment of financial assistance may be appealed to the Common Council.
iEnforcement.
1General non-compliance penalties. If anyone fails to take any action required by this section, the City or the utility or both may impose violation citations and penalties prescribed by City ordinances, including, but not limited to, those set forth in JGO Section 40-38. In addition, and not in lieu thereof, the City may seek and/or implement other forms of relief for non-compliance by any person.
2Authority to discontinue service. In addition to the above and not in lieu thereof, if a property owner refuses to provide access as required by this section, the utility may in accordance with its Water Utility Tariffs discontinue water service to such property until access is provided so that a private service line's material of construction can be identified. If a property owner fails to replace a private LSL as required by this section, the utility may, in accordance with its Water Utility Tariffs, discontinue water service to such property until the private LSL is replaced.
(Ord. No. 2019-781, § I(13.04.075), 1-13-2020; Ord. No. 2022-839, § 1, 4-25-2022; Ord. No. 2023-865, § III, 4-10-2023) :::
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Sec. 40-27. Fire protection and automatic sprinkler service.
aIf any owner of a building wishes to install a private fire protection and/or automatic sprinkler system, plans must be submitted to the City and state for approval prior to commencement of construction.
bAll Private fire protection and/or automatic sprinkler service lines shall be installed with a gate valve and gate box, at the connection main (tapping valve) or installation of a tee with a valve at the City water main. Also, an approved backflow preventer must be installed in the line immediately inside of the building and ahead of any sprinkling nozzles, hose connection or hydrants.
cThe Private fire line and/or automatic sprinkler line may be used for domestic service. A shut off valve shall be provided on the domestic service. No more than one domestic connection can be made, nor more than one building served, from a single private fire line connection to a public water main. In addition, a building cannot be served with a domestic service from a private fire line unless the private fire line is connected to, and serves, the same building.
dConsumers having unmetered private fire protection and/or automatic sprinkler system can test their fire apparatus upon notice to the utility that such a test is desired, and a time and date mutually satisfactory can be arranged at which time said test may be undertaken. Authorized insurance representatives and inspectors shall likewise be required to give proper notice to the utility.
eAny private fire protection or automatic sprinkler on a water service two inches or smaller shall be metered using either the general service meter or a separate dedicated meter. Existing small systems shall be metered as directed by the utility.
fAll required maintenance or replacement of any portion of the private fire line which includes the valve and associated piping from the connection to the City water main to the termination point in the building is the responsibility of the owner.
gAll fire hydrants installed within the City of Janesville shall conform to the City of Janesville standards and specifications. Fire hydrants installed on private property shall be painted red by the owner to designate them as private.
(Code 1976, § 13.04.080; Ord. No. 2023-865, §§ IV, V, 4-10-2023) :::
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Sec. 40-28. Use of hydrants.
aIn cases where no other supply is available, permission may be granted by the Director to use a hydrant. No hydrant shall be used until it is equipped with a backflow preventer and meter. A charge will be made for setting a meter, or for moving it from on hydrant to another. In no case shall any meter be moved except by a member of the water utility or authorized representative.
bBefore a meter is set, payment must be made for its setting and for the water to be used at the scheduled rates. The applicant must make a deposit for the hydrant meter. When the contractor has finished using the hydrant, he or she must notify the water utility to that effect.
(Code 1976, § 13.04.090) :::
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Sec. 40-29. Interference with facilities prohibited.
aNo person, unless duly authorized, shall open or in any manner tamper with any fire hydrant, or draw water from the same, or in any manner obstruct the free access to any fire hydrant, gate, stopcock box, or other connection with the waterworks distribution system.
bIt shall be unlawful for any person to in any way obstruct access to any fire hydrant, valve, or corporation box connected with the City water pipes by placing or planting any building materials, rubbish, bushes, trees, or other hindrances thereon or therein.
(Code 1976, § 13.04.100) :::
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Sec. 40-30. Waterworks system---Damaging forbidden.
No person shall in any manner injure, deface or impair the efficiency of the waterworks plant, reservoir, distribution system, or any part thereof, or any property used in connection therewith.
(Code 1976, § 13.04.110) :::
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Sec. 40-31. Waterworks system---Unauthorized connection or interference forbidden.
No person, unless duly authorized, shall tap any portion of the distribution system, or make any attachments or connections therewith, or wrongfully interfere in any manner with the central plant, pumps, reservoir, distribution system, or any other property used in connection with such utility.
(Code 1976, § 13.04.120) :::
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Sec. 40-32. Unauthorized water use forbidden.
No person shall use or take water from the mains or pipes, except as duly authorized.
(Code 1976, § 13.04.130) :::
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Sec. 40-33. Unauthorized sale of water forbidden.
No person shall sell or give away water to be taken from his or her premises or take away water from any public fountain or other public source without the permission of the Director.
(Code 1976, § 13.04.140) :::
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Sec. 40-34. No claims for damages.
The utility does not guarantee a uniform pressure or uninterrupted water supply. No person shall enter a claim for damages against the City as a water utility, or any officer thereof, for damage to any pipe, fixture, or appurtenance by reason of interrupted water supply, or any variation of pressure, or for turning on, either wholly or partially, of the water supply for the extension, alteration or repair of any water main or premises supply, or for the discontinuance of the premises water supply for the violation of any rules or regulation of the Water Department. No claims will be allowed against the City, on account of the interruption of the water supply caused by the breaking of pipes or machinery, or by stopping for repairs, on account of fire or other emergency, and no claims shall be allowed for any damage caused by the breaking of any pipe or machinery.
(Code 1976, § 13.04.150) :::
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Sec. 40-35. Inspection.
aDuring reasonable hours, any officer or authorized employee of the utility shall have the right of access to the premises supplied with service for the purpose of inspection or for the enforcement of the utility's rules and regulations. At least once every 12 months, the utility will make a systematic inspection of all unmetered water taps for the purpose of checking waste and unnecessary use of water.
bNo plumber shall cover or permit the covering of any water service line until the installation has been inspected and approved by the Inspection Department or its duly authorized representative. When so directed, the plumber shall hydrostatically test the system in the presence of the authorized inspector.
(Code 1976, § 13.04.160) :::
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Sec. 40-36. Cross connection control.
aAny person, firm or corporation who owns, leases or occupies property which is connected to the City's public water supply shall protect the public water system from contamination resulting from backflow of contaminants through the water service connection into the public water system. Every person owning or occupying a premises receiving municipal water supply shall maintain such municipal water supply free from any connection, either of a direct or of an indirect nature, with a water supply from a foreign source or of any manner of connection with any fixture or appliance whereby water from a foreign supply or the waste from any fixture, appliance, or waste or soil pipe may flow or be siphoned or pumped into the piping of the municipal water system.
bA cross connection is defined as any physical connection or arrangement between the otherwise separate water systems, one of which contains potable water from the City water system, and the other, water from a private source, water of unknown or questionable safety, or steam, gases or chemicals, whereby there is a possibility that flow may occur from one system to the other, the direction of flow depending on the pressure differential between the two systems.
cNo person, firm or corporation shall establish or permit to be established, or maintain or permit to be maintained, any cross connection. No interconnection shall be established whereby potable water from a private, auxiliary or emergency water supply other than the regular public water supply of the City may enter the City's distribution system.
dIt shall be the duty of the Janesville Water Utility to cause inspections to be made of all properties served by the public water system where a cross connection with the public water system is deemed possible, in the determination of the Utility Director. The frequency of inspections and re-inspections based on potential health hazards involved shall be as established by the Janesville Water Utility.
eUpon presentation of credentials, the representative of the Janesville Water Utility or contractor shall have the right of entry at all reasonable hours to examine for cross connections any property served by a connection to the public water system of the City. Refusing entry to such utility representative shall be sufficient cause for the utility to discontinue the property's connection to the public water system under Subsection (f) of this section. Upon the City's request, the owner, the lessee and/or the occupant of any property so served shall furnish to the utility any pertinent information regarding the piping systems on such property.
fThe Utility Director may discontinue water service to any property when, in his or her opinion, it appears that a cross connection or any other emergency threatens or presents an imminent or substantial danger to the public health, safety or welfare, danger to the environment, or interference with the operation of the utility. A written finding to that effect by the Utility Director shall be filed with the City Clerk and delivered to the property affected, whereupon the service may immediately be discontinued.
gThe City shall reinstate the public water service upon receipt of sufficient proof from the property owner, lessee or occupant, of the elimination of the condition creating the threat or presentation of imminent or substantial danger or interference with the operation of the utility.
hThe City adopts by reference the Wisconsin Administrative Plumbing Code, as amended from time to time.
iThis section does not supersede the Wisconsin Administrative Plumbing Code or Article II of Chapter 10, but is supplementary to them.
(Code 1976, § 13.04.170) :::
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Sec. 40-37. Private well abandonment.
Any person, firm or corporation who owns, leases or occupies property which is connected to the City's public water supply shall protect the public water supply from contamination by unused and/or improperly constructed wells. These wells must be properly filled, sealed and abandoned in compliance with the following provisions:
1All private wells located on any property which is served by the public water system of the City shall be properly filled within one year of written notification by the City unless an extension is granted by the Utility Director. Only those wells for which well operation permits have been granted by the Janesville Water Utility may be exempted from this requirement, subject the conditions of maintenance and operation as specified on the permit.
2A permit may be granted to a well owner to operate a well for a period not to exceed five years if the following requirements are met. Application must be made on forms provided by the Janesville Water Utility.
a. The well and pump installation shall meet the requirements of the Wisconsin Administrative Code, Chapter NR 812 (Wis. Admin. Code ch. NR 812), Well Construction and Pump Installation, as from time to time amended or renumbered.
b. A well constructor's report shall be on file with the Wisconsin Department of Natural Resources, or a certification of the acceptability of the well must have been granted by the Department of Natural Resources.
c. The well must have a history of producing safe water and must be currently producing bacteriologically safe water as evidenced by two samplings each taken two weeks apart.
d. In the determination of the Utility Director, the proposed use of the well must be necessary to serve the property in addition to water provided by the public water system.
e. No physical connection may exist between the piping of the public water system and the private well.
3Wells to be abandoned shall be filled according to the procedures outlined in Chapter NR 812, Wisconsin Administrative Code (Wis. Admin. Code ch. NR 812), as from time to time amended or renumbered. The pump and piping must be removed and the well checked for obstructions prior to plugging. Any obstruction or liner must be removed.
4A well abandonment report shall be submitted by the well owner to the Wisconsin Department of Natural Resources on forms provided by that agency. The report shall be submitted immediately upon completion of the filling of the well. The filling must be observed by a representative of the City or the Department of Natural Resources. Forms for the well abandonment report shall be available at the Janesville Water Utility Office. Completed copies of these forms shall be provided to the Janesville Water Utility by the well owner.
5Wells located on property not served by the City's public water system at the time of adoption of the ordinance from which this revised section (dated June 2001) is derived shall fulfill the requirements of this section within the first year after being connected to the City's public water system.
6No new high capacity wells (as defined by the WDNR) may be constructed for any purpose within the City on property serviced by the public water system. Other wells will only be allowed in special circumstances and must be approved by the Director.
7For properties with wells where the property owner is either unable or unwilling to properly abandon or permit the well, penalties as outlined in this Code will be applied except in the case where the property owner agrees to a lien against the property requiring the well's proper abandonment at the time the property is sold. The form of this lien shall be established by the City. If, during the course of this lien, it is discovered that the well becomes contaminated or is at risk of collapse, the lien will be deemed ineffective and the penalties and remedies contained in this Code shall again become effective.
8If a lien is deemed ineffective as established in Subsection (7) of this section and the property owner remains unwilling or unable to properly abandon their well, the City shall enter that property and cause that well to be abandoned with the cost of such action being a special assessment to that property.
(Code 1976, § 13.04.180; Ord. No. 2020-798, § 3, 8-24-2020; Ord. No. 2023-865, § VI, 4-10-2023) :::
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Sec. 40-38. Violations; penalties; remedies.
aAny person, firm or corporation, or any officer of any corporation, who violates or causes to be violated Section 40-36 or 40-37 shall forfeit and pay to the City a penalty of not less than $500.00 and not more than $1,000.00 for each violation, together with the costs of prosecution, and in default of the payment of such forfeiture, shall be subject to such sanctions and penalties as provided by law and/or ordered by the court, and/or committed to the Rock County Jail for a term as set forth by the court.
bIt shall be the responsibility of the offender of any provision of this article to abate the violation immediately, and each day that such violation continues constitutes a separate offense.
cThe City may, in addition to the previously stated penalties, institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove the violation.
dAny person, firm or corporation, or any officer of any corporation, who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be punished by the imposition of a forfeiture of not less than $500.00 and not more than $1,000.00, together with the costs of prosecution, and in default of the payment of such forfeiture, shall be subject to such sanctions and penalties as provided by law and/or ordered by the court, and/or committed to the Rock County Jail for a term as set forth by the court.
eIf, in any action, any permit was issued, it shall not constitute a defense; nor shall any error, oversight or dereliction of duty on the part of any City agent or employee constitute a defense.
fAny person, firm or corporation, or any officer of any corporation, who violates or causes to be violated any of the provisions of this article shall be liable to the City for any and all expenses, loss or damage occasioned by such violation, including personnel costs and actual attorney's costs.
gFailure to comply with the requirements of this section and this article result in discontinuance of water service to the premises.
(Code 1976, § 13.04.200; Ord. No. 2023-865, § VII, 4-10-2023) :::
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Secs. 40-39---40-66. Reserved.
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ARTICLE III. SEWER SYSTEM
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Sec. 40-67. Sewer classifications, generally.
The sewerage system of the City shall be divided into two classes of sewers, namely sanitary sewers and storm sewers.
(Code 1976, § 13.08.010) :::
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Sec. 40-68. Sanitary sewers.
Sanitary sewers are those which are designated and used for the disposal of all waste products discharged from plumbing fixtures located in buildings and structures along the line of such sewer. The term "plumbing fixtures," as used in this section, shall not include downspouts or any other fixture discharging rainwater. The system of sanitary sewers shall, for the purpose of this article, be considered as consisting of the following parts:
1Sewer main, being the principal artery extending along the public street, alley or other public way into which the laterals may feed. The City is responsible for maintaining the sewer main.
2Sewer service lateral, being that part of the sewer lying between the street line or curbline and the sewer main. The property owner is responsible for maintaining the sewer service lateral.
3Building sewer (see SPS 381.01(44)), being that part of the sewer leading from the property to be served to the sewer service lateral. The property owner is responsible for maintaining the building sewer
(Code 1976, § 13.08.020; Ord. No. 2020-798, § 4, 8-24-2020) :::
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Sec. 40-69. Storm sewers.
Storm sewers are those which are designed and used for the disposal of rainwater, snow, ice, slush, and other materials coming from the surface of the streets and surrounding area as the result of storms.
(Code 1976, § 13.08.030) :::
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Sec. 40-70. Storm sewers; maintenance and construction costs.
All storm sewers shall be maintained by the City at general expense. Unless otherwise specifically provided by ordinance or resolution of the Council, all construction work on storm sewers may be done directly by the City without submitting the same for bids.
(Code 1976, § 13.08.040) :::
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Sec. 40-71. Sanitary sewers; City and state plumbing codes compliance.
All sanitary sewers shall be constructed in compliance with the provisions and regulations of the City of Janesville and Wisconsin Plumbing Codes.
(Code 1976, § 13.08.050) :::
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Sec. 40-72. Sewer service laterals; pipe size and type.
All sewer service laterals shall be constructed in accordance with the City and state plumbing codes. Sewer service laterals, building sewers, shall not be less than four inches in diameter unless authorized by the Plumbing Inspector.
(Code 1976, § 13.08.060) :::
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Sec. 40-73. Sewer service laterals---Connections, generally.
No four-inch or six-inch service lateral connection shall be made with any sewer main except at a "Y" or "T" branch. Where a "Y" or "T" branch is not available for connection on an existing sewer, connection shall be made using a tapping saddle, as approved by the Plumbing Inspector.
(Code 1976, § 13.08.070; Ord. No. 2023-865, § VIII, 4-10-2023) :::
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Sec. 40-74. Sewer service laterals---Connections at manholes; exception.
Any service lateral connection eight inches or greater in diameter shall be made at a manhole on the main sewer, except when granted special permission by the Plumbing Inspector and the Director. Where a drop connection is warranted, an outside drop must be installed. Inside drop connections at structures will not be allowed.
(Code 1976, § 13.08.080; Ord. No. 2023-865, § IX, 4-10-2023) :::
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Sec. 40-75. Connection approval and supervision.
Connections are to be approved by the Plumbing Inspector. The laying of all sanitary sewers, sewer service laterals and building sewers, and the making of connections between them, are subject to the supervision of the Plumbing Inspector. Prior to razing any building or portion thereof, the person to whom the razing permit has been issued, or the owner or possessor of the structure thereof, shall cause all sanitary laterals to be disconnected and abandoned by installing a watertight cap on the end of the lateral at the property line. Laterals connected to public sanitary structures that will not be reused must be grouted shut at the structure.
(Code 1976, § 13.08.090; Ord. No. 2023-865, § X, 4-10-2023) :::
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Sec. 40-76. Records.
The City Engineer, together with the Plumbing Inspector, shall keep a complete record of the installation of all sewers, whether the same are sanitary sewers or storm sewers, and also of all connections between sewer mains and service laterals, and of provisions made for such connections, and generally of all matters pertaining to the sewerage system of the City.
(Code 1976, § 13.08.100) :::
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Sec. 40-77. Deposit of substance liable to obstruct sewers forbidden.
No person having access to any sewer or drain connected with any portion of the public sewerage system of the City shall deposit or suffer to be deposited in such sewer or drain any garbage, unless treated or processed so as not to cause any obstruction, grease, rags, paper, or other substance liable to obstruct such public sewer, or to create a nuisance.
(Code 1976, § 13.08.110) :::
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Sec. 40-78. Downspout connections prohibited.
No person shall connect the downspouts of any building with any sanitary sewer.
(Code 1976, § 13.08.120) :::
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Sec. 40-79. Clear water prohibited.
No person shall connect discharge clear water and/or non-contact cooling water to the sanitary sewer system.
(Code 1976, § 13.08.130) :::
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Sec. 40-80. Culvert, drain or sewer; injuries and obstructions prohibited.
No person shall destroy or damage any culvert, drain or sewer located in any street, public way or elsewhere, or obstruct the drainage or flow of water, or other substance through any storm or sanitary sewer.
(Code 1976, § 13.08.140) :::
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Sec. 40-81. Industrial wastes disposal.
No person shall cause or permit any industrial wastes of any kind to be discharged so as to clog any storm or sanitary sewer main or lateral of any kind, or cause or permit such wastes to be discharged in such quantity or content so as to clog the free flow in any such sewer, or to interfere with proper treatment of such industrial wastes or other sewerage in the sewage disposal plant.
(Code 1976, § 13.08.150) :::
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Sec. 40-82. Violations; penalties; remedies.
aAny person, firm or corporation, or any officer of any corporation, who violates or causes to be violated any of the provisions of this article shall forfeit and pay to the City a penalty of not less than $500.00 and not to exceed $1,000.00 for each offense, together with the costs of prosecution, and in default of the payment of such forfeiture, shall be subject to such sanctions and penalties as provided by law and/or ordered by the court, and/or committed to the Rock County Jail for a term as set forth by the court.
bIt shall be the responsibility of the offender of any provision of this article to abate the violation immediately, and each day that such violation continues constitutes a separate offense.
cThe City may, in addition to the previously stated penalties, institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove the violation.
dAny person, firm or corporation, or any officer of any corporation, who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be punished by the imposition of a forfeiture of not less than $500.00 and not more than $1,000.00, together with the costs of prosecution, and in default of the payment of such forfeiture, shall be subject to such sanctions and penalties as provided by law and/or ordered by the court, and/or committed to the Rock County Jail for a term as set forth by the court.
eIf, in any action, any permit was issued, it shall not constitute a defense; nor shall any error, oversight or dereliction of duty on the part of any City agent or employee constitute a defense.
fAny person, firm or corporation, or any officer of any corporation, who violates or causes to be violated any of the provisions of this article shall be liable to the City for any and all expenses, loss or damage occasioned by such violation, including personnel costs and actual attorney's costs.
gFailure to comply with the requirements of this article will result in discontinuance of wastewater service to the premises.
(Code 1976, § 13.08.160) :::
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Secs. 40-83---40-107. Reserved.
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ARTICLE IV. SEPTIC TANKS AND SERVICE CONNECTIONS
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Sec. 40-108. Use prohibited when.
The use of privy vaults, cesspools, septic tanks and dry wells used for sewage are each prohibited on all premises within the City where a public water supply and sewer are available. Public water supply and sewer shall be deemed available where a public water and sewer exist either in the street or alley on either side of said premises. Properly designed and maintained septic tanks may be used if a sewer connection deferral is granted by the City Council. If the septic tank fails during the deferral period, connection to the sanitary sewer must be made immediately.
(Code 1976, § 13.12.010) :::
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Sec. 40-109. Removal of existing facilities.
No privy vault, cesspool, septic tank or dry well shall hereafter be erected where public water supply and sewer are available, and any such as now exist or are in use on any such premises within the City where a public water supply and sewer are available shall be forthwith entirely removed, and such vault filled in a sanitary manner.
(Code 1976, § 13.12.020) :::
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Sec. 40-110. Construction conformance.
Whenever a privy vault, cesspool, septic tank or dry well is constructed because of the fact that sewer and water, or either of them, is not available, such construction must conform strictly to the City and state building and plumbing codes, and likewise all states and local health regulations with respect to the same.
(Code 1976, § 13.12.030) :::
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Sec. 40-111. Sewer and water connection required when.
All dwellings in the City shall be connected with sewer and water where these utilities are available as determined by the Director. This connection shall be made within one year of the sewer and water becoming available. Except where otherwise required in this chapter, each structure or address as it relates to a duplex shall have a separate sewer lateral and water service connection to the public sewer and water mains as required in Article II of Chapter 10. Connections to the water and sewer systems shall be made at the same time. This requirement to connect may be deferred for up to five years with the approval of the City Council. When connection deferrals are granted, the connection deferral applies to both water and sewer. A connection deferral will not be granted for only one utility. If only one utility is available, connection to that main must be made within one year and connection to the other utility main within one year of when it becomes available.
(Code 1976, § 13.12.040; Ord. No. 2020-798, § 5, 8-24-2020; Ord. No. 2023-865, § XI, 4-10-2023) :::
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Sec. 40-112. Violations; penalties; remedies.
aAny person, firm or corporation, or any officer of any corporation, who violates or causes to be violated any of the provisions of this article shall forfeit and pay to the City a penalty of not less than $500.00 and not more than $1,000.00, together with the costs of prosecution, and in default of the payment of such forfeiture, shall be subject to such sanctions and penalties as provided by law and/or ordered by the court, and/or committed to the Rock County Jail for a term as set forth by the court.
bIt shall be the responsibility of the offender of any provision of this article to abate the violation immediately, and each day that such violation continues constitutes a separate offense.
cThe City may, in addition to the previously stated penalties, institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove the violation.
dAny person, firm or corporation, or any officer of any corporation, who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be punished by the imposition of a forfeiture of not less than $500.00 and not more than $1,000.00, together with the costs of prosecution, and in default of the payment of such forfeiture, shall be subject to such sanctions and penalties as provided by law and/or ordered by the court and/or committed to the Rock County Jail for a term as set forth by the court.
eIf, in any action, any permit was issued, it shall not constitute a defense; nor shall any error, oversight or dereliction of duty on the part of any City agent or employee constitute a defense.
fAny person, firm or corporation, or any officer of any corporation, who violates or causes to be violated any of the provisions of this article shall be liable to the City for any and all expenses, loss or damage occasioned by such violation, including personnel costs and actual attorney's costs.
gFailure to comply with the requirements of this section and this article will result in discontinuance of wastewater and water service to the premises.
(Code 1976, § 13.12.050) :::
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Secs. 40-113---40-137. Reserved.
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ARTICLE V. WASTEWATER FACILITIES AND SEWER USE
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DIVISION 1. GENERALLY
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Sec. 40-138. Purpose and policy.
aThis article sets forth uniform requirements for users of the publicly owned treatment works for the City of Janesville and enables the City to comply with all applicable state and federal laws, including the Clean Water Act (33 USC 1251 et seq.) and the General Pretreatment Regulations (40 CFR 403). The objectives of this article are:
1To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation or contaminate the municipal biosolids;
2To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;
3To protect both publicly owned treatment works personnel who may be affected by wastewater, sludge and biosolids in the course of their employment and the general public;
4To promote reuse and recycling of industrial wastewater, sludge and biosolids from the publicly owned treatment works;
5To provide for recovery of all costs associated with the operation, maintenance, and improvement of the publicly owned treatment works; and
6To enable the City to comply with its national pollutant discharge elimination system permit conditions, biosolids use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.
bThis article shall apply to all users of the publicly owned treatment works. The article authorizes the issuance of individual wastewater discharge permits or general permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
(Code 1976, § 13.16.010) :::
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Sec. 40-139. Wastewater utility authority.
aGeneral authority.
1The City, by action of its governing body, provides means of purchasing, construction, acquiring or leasing, extending, addition to, improving, conducting, controlling, operating and managing the publicly owned treatment works; including any treatment plant and equipment within or without its corporate limits for the collection, transportation, storage, treatment and final disposal of sewage, including the lateral main and intercepting sewers and all necessary equipment.
2The publicly owned treatment works for the City of Janesville shall constitute a sewerage system as defined by Wis. Stats. ch. 66, as time to time amended and/or renumbered.
bFunding.
1All costs of exercising the authority under Subsection (a) of this section shall be funded, to the extent applicable, from the City's general fund, by taxation, special assessment or sewerage service charges, by municipal obligations or revenue bonds or from any combination of these sources.
2If funding under Subsection (b)(1) of this section in whole or in part by the issue and sale of revenue bonds, the payments shall be made as provided in Wis. Stats. § 66.0621 to the extent not inconsistent with this section.
a. The term "public utility," as used in Wis. Stats. § 66.0621, includes the sewerage system, accessories, equipment and other property including land.
b. The mortgage or revenue bonds or mortgage certificates do not constitute an indebtedness of the City and may be secured only by the sewerage system and its revenue.
3All net earnings or profits derived or to be derived from the sewerage system shall be pledged, assigned or otherwise hypothecated into the water pollution control utility fund.
cSewer service charges.
1The City, by action of its governing body, shall establish sewerage service charges in an amount to meet all or part of the requirements for the construction, reconstruction, improvement, extension, operation, maintenance, repair and depreciation of the sewerage system and for payment of all or part of the principal and interest of any indebtedness incurred for those purposes, including the replacement of funds advanced by or paid from the City general fund.
2For the purpose of making equitable charges for all services rendered by the sanitary sewerage system to the City or to citizens, corporations and other users, the property benefited by the system may be classified, taking into consideration the volume of water, including surface or drain waters, the character of the sewage or waste and the nature of the use made of the sewerage system, including the publicly owned treatment works. The charges may include standby charges to property not connected but for which sewerage system facilities have been made available.
3Sewerage service charges shall be collected and taxed and shall be a lien upon the property served in the same manner as water rates are taxed and collected under Wis. Stats. §§ 62.69(2)(f) and 66.0809 to the extent applicable.
(Code 1976, § 13.16.020) :::
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Sec. 40-140. Administration.
The City Manager shall administer, implement, and enforce the provisions of this article, except as otherwise provided herein. Any powers granted to or duties imposed upon the City Manager may be delegated by the City Manager to a duly authorized City employee.
(Code 1976, § 13.16.030) :::
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Sec. 40-141. Service area.
The sewerage system shall extend and provide service within the corporate limits of the City. Service to properties or areas outside the corporate limits shall not be provided unless the property owner enters into an agreement with the City and a boundary agreement has been adopted between the City and the political jurisdiction in which the property is located. This agreement will require property annexation to the corporate limits of the City and allow the City to recoup some or all of the costs incurred for the service extension.
(Code 1976, § 13.16.040) :::
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Sec. 40-142. Abbreviations.
The following abbreviations, when used in this article, shall have the designated meanings:
1BOD---Biochemical oxygen demand.
2BMP---Best management practice.
3BMR---Baseline monitoring report.
4CFR---Code of Federal Regulations.
5CIU---Categorical industrial user.
6COD---Chemical oxygen demand.
7DNR---Wisconsin Department of Natural Resources.
8EPA---U.S. Environmental Protection Agency.
9FOG---Fats, oils and greases.
10gpd---Gallons per day.
11IU---Industrial user.
12mg/l---Milligrams per liter.
13μg/L---Micrograms per liter.
14NPDES---National Pollutant Discharge Elimination System.
15NSCIU---Non-significant categorical industrial user.
16POTW---Publicly owned treatment works.
17RCRA---Resource Conservation and Recovery Act.
18SIU---Significant industrial user.
19SNC---Significant noncompliance.
20TSS---Total suspended solids.
21USC---United States Code.
(Code 1976, § 13.16.050) :::
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Sec. 40-143. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Act or the Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.
Approval authority means the State of Wisconsin Department of Natural Resources.
Authorized or duly authorized representative of the user.
1If the user is a corporation:
a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or
b. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for an individual wastewater discharge permit or general permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
3If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
4The individuals described in Subsections (1)a through c of this section may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted and on file with the control authority.
Best management practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 2.1 A and B 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage areas.
Biochemical oxygen demand or BOD means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/l).
Bulk waste means holding tank wastes, privy or vault toilet wastes, septage, or other liquid wastes from agricultural, residential, commercial, or industrial sources.
Bypass means the intentional diversion of waste streams from any portion of the user's facility.
Categorical industrial user means an industrial user subject to categorical pretreatment standards or categorical requirements.
Categorical pretreatment standard or categorical standard means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the Act (33 USC 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405---471.
Chemical oxygen demand or COD means a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
City means the City of Janesville.
Control authority means the City of Janesville Wastewater Utility.
Daily maximum means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.
Daily maximum limit means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
Environmental Protection Agency or EPA means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.
Existing source means any source of discharge that is not a new source.
Grab sample means a sample that is taken from a waste stream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
Holding tank waste means scum, liquid, sludge or other waste from a tank designed to provide temporary storage of wastewater and which is not connected to a soil absorption field or other wastewater disposal system.
Indirect discharge ordischarge means the introduction of pollutants into the POTW from any point source other than residential or commercial sources that discharge only domestic waste. Method of introduction includes, but shall not limited to, by pipe, truck or rail car.
Instantaneous limit means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
Interference means a discharge that, alone or in conjunction with a discharge from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and, therefore, is a cause of a violation of the City's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II, commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
Local limit means specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
Medical waste means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
Monthly average means the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.
Monthly average limit means the highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.
New source. The term "new source" means any building, structure, facility or installation:
1From which there is (or may be) a discharge of pollutants;
2For which the commencement of construction occurred after the publication in the federal register of proposed pretreatment standards that will be applicable if promulgated according to Section 307(c) of the Act, 33 USC 1251 et seq.;
3That is one of the following:
a. The building, structure, facility, or installation is constructed at a site at which no other source is located;
b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
c. The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
4Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection (1)c.2 or 3 of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
5Construction of a new source, as defined under this subsection, has commenced if the owner or operator has:
a. Begun, or caused to begin, as part of a continuous on-site construction program:
1. Any placement, assembly, or installation of facilities or equipment; or
2. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection.
Noncontact cooling water means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
Pass through means a discharge which exits the POTW into Wisconsin waterways in quantities or concentrations which, alone or in conjunction with a discharge from other sources, is a cause of a violation of any requirement of the City's NPDES permit, including an increase in the magnitude or duration of a violation.
Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.
pH means a measure of the acidity or alkalinity of a solution, expressed in standard units.
Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (including, but not limited to, pH, temperature, TSS, turbidity, color, BOD, COD, FOG, trace metals, toxicity, odor, volatile or semi-volatile compounds).
Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
Pretreatment requirements means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
Pretreatment standards or standards means any regulation which applies to users and which contains pollutant discharge limits promulgated by the DNR in accordance with Wis. Stats. § 283.21(2). The term "pretreatment standards" or "standards" includes prohibited discharge standards set forth in or established under Wis. Admin. Code NR 211.10; categorical pretreatment standards set forth in Wis. Admin. Code NR 211.11, NR 221 through 297.
Prohibited discharge standards or prohibited discharges means any standard specifying quantities or concentrations of pollutants or pollutant properties which shall not be discharged to a POTW by users regardless of industrial category.
Publicly owned treatment works or POTW means a treatment works, as defined by Section 212 of the Act (33 USC 1292), and any sewers that convey wastewater to such a treatment works, which is owned by the City. The definition of the term "publicly owned treatment works" or "POTW" includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of municipal sewage or liquid industrial wastes, which convey wastewater to a treatment plant. The term "publicly owned treatment works" or "POTW" also means the municipality which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
Regulated stream means a process generating wastewater and/or pollutants regulated by a categorical pretreatment standard.
Septage tank waste means the liquid, scum, sludge, or other sewage, in which settled sludge is in immediate contact with the wastewater flowing through the vessel exhibiting conditions for naturally forming bacteria to decompose the organic solids present. This term "septage tank waste" does not include waste characterized, generated or associated with grease traps.
Sewage means human excrement and gray water (household showers, residential dishwashing operations, residential laundry operations).
Sewerage means encompassing all constructions for collections, transportation, pumping, treatment and final disposition of wastewater and sludge.
Significant industrial user (SIU). The term "significant industrial user" means:
1An industrial user subject to categorical pretreatment standards in Wis. Admin. Code NR 221 to 297, except as provided in Wis. Admin. Code NR 211.15(4)(d); or
2An industrial user that:
a. Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
b. Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
c. Is designated as such by the control authority on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
3The control authority may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
a. The industrial user, prior to control authority's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
b. The industrial user annually submits the certification statement required in Section 40-304(b), together with any additional information necessary to support the certification statement; and
c. The industrial user never discharges any untreated concentrated wastewater.
4Upon a finding that a user meeting the criteria in Subsection (1)b of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Slug load or slug discharge means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards. Any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.
Storm water means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
Total suspended solids or suspended solids means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.
Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations promulgated by EPA under the provisions of Section 307(a) of the Act; 40 CFR 401.15.
Unregulated stream means a process generating wastewater and/or pollutants not regulated by a categorical pretreatment standard.
User or industrial user means a source of indirect discharge.
Wastewater means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
Wastewater treatment plant or treatment plant means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
WPDES permit means a NPDES control mechanism issued to a POTW by the approval authority under Wis. Stats. § 283.31 for the purpose of controlling pollutant discharge.
(Code 1976, § 13.16.060) :::
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Secs. 40-144---40-169. Reserved.
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DIVISION 2. GENERAL SEWER USE REQUIREMENTS
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Sec. 40-170. Prohibited discharge standards.
aGeneral prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.
bSpecific prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
1Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21;
2Wastewater having a pH less than 5.0 s.u. or more than 10.0 s.u., or otherwise causing corrosive structural damage to the POTW or equipment;
3Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference; but in no case solids greater than one-half inch in any dimension;
4Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;
5Wastewater having a temperature greater than 149 degrees Fahrenheit, or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees Fahrenheit;
6Polar FOG, including, but not limited to, petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in concentrations greater than 100 mg/l and in amounts that will cause interference or pass through;
7Nonpolar FOG, including, but not limited to, fats, oils, or greases of animal or vegetable origin in concentrations greater than 300 mg/l and in amounts that will cause interference or pass through;
8Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
9Trucked or hauled pollutants, except at discharge points designated by the control authority designee in accordance with Section 40-212;
10Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
11Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit;
12Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;
13Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the control authority designee;
14Sludges, screenings, or other residues from the pretreatment of industrial wastes;
15Medical wastes, except as specifically authorized by the control authority designee established in an individual wastewater discharge permit or a general permit;
16Hazardous waste, as defined in 40 CFR 261 and Wis. Admin. Code ch. NR 661;
17Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test;
18Detergents, surface-active agents, or other substances which might cause excessive foaming in the POTW;
19Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than five percent or any single reading over ten percent of the lower explosive limit of the meter.
(Code 1976, § 13.16.070) :::
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Sec. 40-171. National categorical pretreatment standards.
aUsers must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 to 471 and Wis. Admin. Code chs. NR 221 to 297.
1Limits in categorical pretreatment standards shall apply to the effluent from the process regulated by the standard, unless otherwise specified in the standard.
2Limits in categorical pretreatment standards shall apply to waste streams which are transported off-site for disposal as well as those discharged on-site.
3CIUs shall comply with applicable categorical pretreatment standards, in addition to complying with the general prohibitions established in Section 40-170, unless specifically noted otherwise in the categorical pretreatment standard.
bCompliance dates.
1All CIUs, except new sources, shall comply with the applicable categorical pretreatment standards within three years from the effective date of the standard, or within a shorter period of time if specified in the applicable standard.
2A direct discharger which becomes a CIU after promulgation of an applicable categorical pretreatment standard may not be considered a new source unless it meets the definition of a new source established in Section 40-143.
3New sources shall install, have in operating condition and start up all of the pollution control equipment required to meet the applicable pretreatment standards before beginning discharge. Within the shortest feasible time, not to exceed 90 days, new sources shall meet all applicable pretreatment standards.
cConversion to equivalent mass or concentration standards.
1Where a categorical pretreatment standard is expressed only in terms of pollutant mass per production unit, the control authority may convert the pretreatment standard to equivalent limitations expressed either as pollutant mass discharged per day or effluent concentration. The determination to convert production based limits is at the discretion of the control authority.
a. Equivalent mass per day limits shall be calculated by multiplying the categorical pretreatment standard limit by the user's average rate of production.
1. This average rate of production shall be based upon a reasonable measure of the user's actual long-term daily production, such as average daily production during a representative year.
2. For new sources, actual production shall be estimated using projected production.
b. Equivalent concentration limits shall be calculated by dividing the mass limits derived according to Subsection (c)(1)a of this section, by the average daily flow rate of the user's process wastewater. This average daily flow rate shall be based upon a reasonable measure of the user's actual long-term average flow rate, such as the average daily flow rate during the same representative year used in Subsection (c)(1)a of this section.
c. When pretreatment standards specify both daily and long-term limits, the same production or flow figures shall be used in calculating daily and long-term equivalent limits.
d. Any user operating under an individual wastewater discharge permit incorporating equivalent mass or concentration limits calculated from a production based categorical pretreatment standard shall notify the control authority within two business days after the user has reason to know that the production level will significantly change within the next calendar month. Any user which does not notify the control authority of such anticipated change shall meet the mass or concentration limits in their permit that were based on the original estimate of the long term average production rate.
2Where a categorical pretreatment standard is expressed only in terms of pollutant concentrations, a user may request that the control authority convert the pretreatment standard to equivalent mass limits. The determination to convert concentration limits to mass limits is at the discretion of the control authority.
a. The control authority may establish equivalent mass limits only if the user meets all the following conditions:
1. Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit;
2. Uses control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard, and has not used dilution as a substitute for treatment;
3. Provides sufficient information to establish the facility's actual average daily flow rate for all waste streams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;
4. Does not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and
5. Has consistently complied with all applicable categorical pretreatment standards during the period prior to the user's request for equivalent mass limits.
b. Upon approval by the control authority a user subject to equivalent mass limits shall:
1. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;
2. Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device;
3. Continue to record the facility's production rates and notify the control authority whenever production rates are expected to vary by more than 20 percent from its baseline production rates determined in Subsection (c)(2)a.3 of this section. Upon notification of a revised production rate, the control authority shall reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and
4. Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to Subsection (c)(2)a.1 of this section so long as it discharges under an equivalent mass limit.
c. A control authority which chooses to establish equivalent mass limits:
1. Shall calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated processes by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor;
2. Upon notification of a revised production rate, shall reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and
3. May retain the same equivalent mass limit in subsequent individual wastewater discharge permit terms if the user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to Section 40-177. The user must also be in compliance with Section 40-452 regarding the prohibition of bypass.
d. A control authority may not express limits in terms of mass for pollutants such as pH, temperature, radiation or other pollutants which cannot appropriately be expressed as mass.
3The control authority may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414, 419, and 455, and Wis. Admin. Code chs. NR 233, 235, 279 to equivalent concentration limits. The determination to convert mass limits to equivalent concentration limits is at the discretion of the control authority.
a. The control authority shall use the concentrations listed in the applicable subparts of 40 CFR 414, 419, and 455, and Wis. Admin. Code chs. NR 233, 235, 279 when converting such limits to concentration limits; and
b. The control authority shall document that dilution is not being substituted for treatment pursuant to Section 40-177.
4The user must comply with the equivalent limitations developed in Subsection (c) of this section in lieu of the promulgated categorical pretreatment standards from which the equivalent limitations were derived once incorporated into its individual wastewater discharge permit.
dCompensation for pollutants in intake water.
1Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the CIU's intake water if the applicable categorical pretreatment standards specifically provide that they may be applied on a net basis or if the CIU demonstrates to the control authority that:
a. The control system it proposes or uses to meet applicable categorical pretreatment standards would, if properly installed and operated, meet the standards in the absence of pollutants in the intake waters;
b. The constituents of non-conventional pollutants, such as BOD, TSS, and FOG, in a CIU's effluent are substantially similar to the constituents of a non-conventional pollutants in the intake water;
c. The intake water is drawn from the same water body as the water body to which the POTW discharges.
2The control authority shall grant credits only to the extent necessary to meet the applicable categorical pretreatment standards, up to a maximum value equal to the influent value. The control authority may require additional monitoring to determine eligibility for credits and compliance with the adjusted standards.
eCombined waste stream formula.
1Where effluent from a process regulated by a categorical pretreatment standard is mixed prior to treatment with wastewaters other than those generated by the regulated process, fixed alternative discharge limits may be established by the control authority. These alternative limits shall apply to the mixed effluent.
a. The control authority shall calculate both an alternative daily maximum and alternative monthly average values using the respective daily maximum or monthly average values specified in the appropriate categorical pretreatment standards.
b. The CIU shall comply with the alternative daily maximum and alternative monthly average limits approved by the control authority until the control authority modifies the limits or approves a CIU modification request.
1. Modification is authorized whenever there is a material or significant change in the values used in the calculation to fix alternative limits for the regulated pollutant.
2. The CIU shall immediately report any such material or significant change to the control authority.
3. Where appropriate, new alternative categorical limits shall be calculated within 30 days.
2The alternative limit for a specified pollutant will be derived by use of formulas in accordance with 40 CFR 403.6(e).
fMany categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four-day average, limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.
gFundamentally different factors variances.
1Any interested person believing that factors relating to an industrial user are fundamentally different from the factors considered during development of a categorical pretreatment standard applicable to that industrial user, and that the existence of those factors justifies a different discharge limit from that specified in the applicable categorical pretreatment standard, may request a fundamentally different factors variance under this section. Such a variance request may be initiated by the EPA.
2A request for a fundamentally different factors variance may be approved only if:
a. Factors relating to the industrial user which would be affected by the variance are fundamentally different from the factors considered in establishing the applicable categorical pretreatment standard;
b. There is an applicable categorical pretreatment standard which specifically controls the pollutant for which alternative limits have been proposed; and
c. The procedural requirements of this section have been met.
3A request for a fundamentally different factors variance to establish limits less stringent than required by the categorical pretreatment standard may be approved only if:
a. The alternative limit requested is no less stringent than justified by the fundamental difference;
b. The alternative limit will not result in a violation of any prohibited discharge standard set forth in or established under Section 40-170;
c. The alternative limit will not result in an environmental impact not related to water quality which would be fundamentally more adverse than the impact considered during development of the categorical pretreatment standard; and
d. Compliance with the applicable categorical pretreatment standard would result in either a removal cost wholly out of proportion to the removal cost considered during development of the standard or an environmental impact not related to water quality which would be fundamentally more adverse than the impact considered during development of the standard.
4A request for a fundamentally different factors variance to establish limits more stringent than required by the categorical pretreatment standard may be approved only if:
a. The alternative limit requested is no more stringent than justified by the fundamental difference; and
b. Compliance with the alternative limit would not result in either a removal cost wholly out of proportion to the removal cost considered during development of the standard or an environmental impact not related to water quality which would be fundamentally more adverse than the impact considered during the development of the standard.
5Factors considered fundamentally different are:
a. The nature or quality of pollutants contained in the industrial user's raw process wastewater;
b. The volume of the industrial user's process wastewater and the volume of effluent discharged;
c. The environmental impact, other than that related to water quality, of control and treatment of the industrial user's raw process wastewater;
d. The energy requirements of the application of control and treatment technology;
e. Age, size, and configuration of the industrial user's equipment, facilities, production processes and process changes, availability of land, and engineering aspects of the application of control technology; and
f. The cost of compliance with required control technology.
6Factors which may not be considered fundamentally different are:
a. The feasibility of installing the required pretreatment equipment within the time allowed by the categorical pretreatment standard;
b. The assertion that the standard cannot be achieved with the appropriate pretreatment equipment installed, if such assertion is not based on factors listed in Subsection (g)(5) of this section;
c. The industrial user's ability to pay for the required pretreatment equipment; or
d. The impact of a discharge on the quality of the POTW's receiving water.
7Requests for a variance shall be submitted in writing to the DNR within 180 days after the effective date of the federal categorical pretreatment standard. If the industrial user has requested a categorical determination under Wis. Admin. Code NR 211.33 the request for a fundamentally different factors variance may be delayed to within 30 days after the final decision on the category determination has been made. Variance requests shall include the following:
a. The name and address of the person making the request;
b. Identification of the interest of the person making the request;
c. Identification of the POTW receiving the indirect discharge from the industrial user for which the variance is requested;
d. Identification of the categorical pretreatment standards applicable to the industrial user;
e. A list of each pollutant for which an alternative discharge limit is sought;
f. The alternative discharge limits being proposed for each pollutant identified in Subsection (g)(7)e of this section;
g. A description of the industrial user's existing pretreatment equipment;
h. A schematic flow chart of the industrial user's water system, including water supply, process wastewater systems, and points of discharge; and
i. A statement of facts clearly establishing why the variance request should be approved, including detailed supporting data, documentation and evidence necessary to fully evaluate the merits of the request.
8The DNR will act only on written requests for variances which contain all of the information required in Subsection (g)(7) of this section. Persons who submit incomplete requests will be notified that the requests are deficient and will be given 30 days to correct the deficiency. If the deficiency is not corrected within 30 days, or within an extended period if allowed by the DNR, the request for the variance shall be denied.
9The DNR shall publish a notice of its receipt of a request for a fundamentally different factors variance and shall mail copies of the notice to the affected industrial user and any other interested party. The public notice shall be published as a Class I notice under Wis. Stats. ch. 985, in a newspaper of general circulation in the area in which the industrial user is located. The department shall allow a 30-day period for public review and comment.
10If the DNR finds that fundamentally different factors do not exist, the DNR shall deny the request. If the DNR finds that fundamentally different factors do exist, the request and findings shall be forwarded to the EPA for the EPA's approval, disapproval, or revision and approval of the variance. A copy of the final determination shall be sent to the person requesting the variance, and to the affected industrial user and POTW.
(Code 1976, § 13.16.080) :::
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Sec. 40-172. State pretreatment standards.
Users must comply with the Wisconsin general pretreatment requirements codified at Wis. Admin. Code ch. NR 211 and any applicable categorical effluent limitations codified at Wis. Admin. Code chs. NR 220 through 299.
(Code 1976, § 13.16.090) :::
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Sec. 40-173. Janesville local limits.
aThe control authority is authorized to establish local limits pursuant to 40 CFR 403.5(c) and Wis. Admin. Code NR 211.10(3).
bA local limit evaluation is an extensive study conducted to evaluate the impact of nonresidential dischargers in relationship to Janesville POTW plant NPDES requirements. Various potentially limiting environmental criteria were considered relative to the local limits evaluation. These criteria encompassed the NPDES standards, water quality standards, discharge levels causing inhibition, upset, pass through, and sludge disposal standards. Additional criteria considered are worker health and safety issues, air emissions, domestic background levels, operational removal efficiencies, comparison to categorical standards as well as other POTW limits.
cLocal limits are legally enforceable values that when exceeded by a user will result in an administrative enforcement action.
dThe following pollutant guidelines are established generally for the non-toxic or more conventional pollutants. These guidelines are used as benchmarks for nonresidential users because the treatment is more of a loading issue than a toxicity issue.
1Guideline concentrations may incur or be assessed a surcharge; defined as additional charges to recover the cost associated to treat wastewater concentrations above a defined value, as promulgated in Article VII of this chapter.
2Should a user continually exceed guideline values and require classification as a SIU, guideline concentrations or alternatives may be incorporated into an individual wastewater discharge permit or general permit and shall be enforceable as local limits.
Janesville local guidelines.
Pollutant Guideline (mg/l) Ammonia nitrogen Reserved BOD^5\ ^ 250 FOG nonpolar 300 FOG polar 100 Total selenium 7.8 Total suspended solids 300 Total Phosphorus 7.0 or 5.0 lbs/day
eThe following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following the duration: daily maximum limit.
Janesville local limits
Pollutant Local Limit (mg/l) unless expressed
otherwise
Arsenic 1.1
Cadmium 1.4
Chromium 9.5
Copper 2.4
Cyanide 4.8
Lead 7.8
Mercury No detectable discharge allowed
Nickel 6.3
Phosphorus 20.0 or 15 lbs./day
Silver 5.4
Zinc 3.1
pH 5.0---10.0 s.u.
1The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The control authority may impose mass limitations in addition to the concentration-based limitations above.
2Users may apply for the phosphorus mass based daily maximum limit in lieu of the concentration based phosphorus daily maximum limit.
a. Applicants shall comply with all terms of the pollutant minimization assessment described in Section 40-211.
b. Users which do not apply for the phosphorus mass based daily maximum limit remain subject to the phosphorus concentration based daily maximum limit.
fThe control authority may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits or general permits, to implement local limits.
(Code 1976, § 13.16.100; Ord. No. 2023-859, § 1, 2-13-2023) :::
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Sec. 40-174. Mercury Minimization Program.
aDental offices. This subsection applies to any dental office that places or removes amalgam. If the work performed at a dental office is orthodontics, periodontics, oral and maxillofacial surgery, endodontics, prosthodontics or other than placing or removing amalgam, then this subsection is not applicable.
1All dental offices shall implement best management practices for amalgam as established by the Wisconsin Dental Association.
2All vacuum systems where amalgam is placed or removed shall include an amalgam separator that meets the criteria of the International Standards Organization (ISO 11143).
a. Dental offices shall install, operate, and maintain the amalgam separator according to the instructions provided by the manufacturer;
b. The amalgam separator shall have a design and capacity appropriate for the size and type of vacuum system.
3The only dental offices that will be exempt from installing an amalgam separator shall be those that meet a de minimis requirement of placing or removing six amalgam fillings per calendar year.
4Dental offices shall obtain records from the contractor used to remove amalgam waste, for each shipment showing the volume or mass of amalgam waste shipped; the name and address of the destination; and the name and address of the contractor.
a. Dental offices shall maintain these records for a minimum of seven years;
b. Dental offices shall make these records available to the control authority for inspection and copying upon request.
5Annually on or before June 30 of each year, each dental office shall submit a report to the control authority that:
a. Identifies the volume or mass of amalgam waste shipped;
b. The name and address of the final destination; and
c. The name and address of the contractor used to remove and transport amalgam waste within the previous calendar year;
d. Indicates all maintenance performed on the amalgam separator within the previous calendar year, including inspections, cleaning, repairs and other maintenance. All maintenance and repair activities with the exception of routine activities authorized by the manufacturer, shall be performed by a technician trained and authorized by the manufacturer to perform those activities; and
e. Certifies that:
1. During the past year, all regularly scheduled maintenance and other repairs required or recommended by the manufacturer and the manufacturer's representative have been completed;
2. The amalgam separator, as of the date of the report, is in good overall operating condition.
6Dental offices shall permit the control authority to inspect the vacuum system, amalgam separator, and amalgam waste storage areas.
7Dental offices implementing the management practices, operating and maintaining the amalgam separator as required by Subsection (a)(1) through (6) of this section, with regard to mercury shall not be subject to the regulatory standards and requirements promulgated in Section 40-173.
8The control authority shall provide forms for reporting the information under the mercury minimization program.
bOther facilities. This subsection applies to all other facilities having the potential to discharge mercury or mercury-containing material into the POTW. The City strongly advocates the proper handling and, if possible, recycling of all mercury containing products.
1Facilities include:
a. Medical facilities, including all hospitals, clinics and veterinary facilities that have laboratories.
b. School facilities, including all public and private schools with science laboratories, including middle schools, high schools, technical schools, colleges and universities, but not elementary schools.
c. Industrial facilities, including all industrial plants that historically or consistently discharge mercury into the wastewater treatment plant and industrial plants with the potential for mercury in their wastewater.
2All facilities regulated under this Subsection (b) shall implement best management practices as established by the DNR Green Tier Charter and the City.
a. Facilities regulated under this Subsection (b) shall submit a certification report to the control authority that:
1. Identifies the best management practices already implemented; and
2. Lists the anticipated dates for implementing the remainder of best management practices.
b. The control authority shall provide forms for reporting the information under the Mercury Minimization Program.
3Facilities implementing the required best management practices, with regard to mercury shall not be subject to the regulatory standards and requirements promulgated in Section 40-173.
(Code 1976, § 13.16.110) :::
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Sec. 40-175. Assessment of standards, requirements and limitations.
Whenever a conflict exists between any of the standards, requirements or limitations established by federal regulation, Wisconsin Statutes and Administrative Code or this article; the most stringent of those regulations and laws shall be met by all users.
(Code 1976, § 13.16.120) :::
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Sec. 40-176. Right of revision.
The City reserves the right to establish, by ordinance or in individual wastewater discharge permits or in general permits, more stringent standards or requirements on discharges to the POTW consistent with the purpose of this article.
(Code 1976, § 13.16.130) :::
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Sec. 40-177. Dilution.
No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The control authority may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements; or in other cases when the imposition of mass limitations is appropriate.
(Code 1976, § 13.16.140) :::
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Secs. 40-178---40-207. Reserved.
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DIVISION 3. PRETREATMENT OF WASTEWATER
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Sec. 40-208. Pretreatment facilities.
aUsers shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set forth in this article within the time limitations specified by the EPA, the state, or the City, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense.
bDetailed plans describing such facilities and operating procedures shall be submitted to the control authority, City Building Inspector and WDNR for review, and shall be acceptable to the three aforementioned entities before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this article.
cUsers shall provide a schedule of the activities required to provide such additional wastewater treatment. The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional wastewater treatment processes or equipment, including, but not limited to, the following:
1Hiring an engineer;
2Completion of preliminary plans;
3Completion of final plans;
4Executing contracts for major components;
5Construction commencement;
6Equipment installation;
7Construction completion;
8Employee training regarding new processes or equipment operation and maintenance;
9All other acts necessary to achieve compliance with this article.
(Code 1976, § 13.16.150) :::
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Sec. 40-209. Additional pretreatment measures.
aWhenever deemed necessary, the control authority may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this article.
bThe control authority may require any user discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. An individual wastewater discharge permit or a general permit may be issued solely for flow equalization.
cUsers with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
(Code 1976, § 13.16.160) :::
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Sec. 40-210. Accidental discharge/slug discharge control plans.
The control authority shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The control authority may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:
1Description of discharge practices, including non-routine batch discharges;
2Description of stored chemicals;
3Procedures for immediately notifying the control authority of any accidental or slug discharge, as required by Section 40-297; and
4Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
(Code 1976, § 13.16.170) :::
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Sec. 40-211. Pollutant minimization assessment.
aGeneral assessment. All users applying for mass based limits shall comply with all terms of this article within 90 days after the effective date of the ordinance from which this article is derived.
bAssessment forms. Users shall complete and file with the control authority a pollutant minimization assessment declaration in the form prescribed by the control authority. Existing industrial users shall file assessment forms within 90 days after the effective date of the ordinance from which this article is derived. At least 90 days prior to commencement of discharge, new sources and users that become significant industrial users shall submit pollutant minimization assessment declaration forms to the control authority. The pollutant minimization assessment to be developed by the user shall cover:
1Site description.
a. Disclosure of name, address and location of the user, and the name of owners and operator;
b. Disclosure of North American Industry Classification System (NAICS) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; and
c. Description of products, facility operations and processes.
2Process and facility data compilation.
a. Disclosure of identified materials contributing to pollutant generation;
b. Disclosure of source, type, quantity and concentration of identified waste streams contributing to pollutant generation.
3Description of pollutant minimization options for consideration.
a. Disclosure of source reduction options, including, but not limited to, raw material substitution, improved operating practices and process and equipment modifications and/or changes;
b. Disclosure of recycling options, including, but not limited to, material exchange or reuse and raw material recovery;
c. Disclosure of waste treatment and alternative waste disposal options.
4Disclosure of feasibility analysis for waste minimization options including technical and economic evaluations of each pollution minimization option. Disclose final outcome of each option and include recommendations for implementation of feasible options.
cControl authority. The control authority will evaluate the complete pollutant minimization assessment form and data furnished by the user and may require additional information. Within 30 days after full evaluation and acceptance of the furnished assessment, the control authority shall notify the user of whether mass based limits will be granted. Until the control authority provides such notification of approval, the user shall not proceed in any manner.
(Code 1976, § 13.16.180) :::
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Sec. 40-212. Hauled wastewater.
Holding tank waste, septage tank waste and other bulk waste may be introduced into the POTW upon determination by the control authority that excess hydraulic and loading capacities exist and that characteristics of such waste will not cause interference or pass through. Hauled wastewater shall be subjected to all other requirements of this article; and shall not violate Sections 40-170 through 40-177 or any other requirements established by the control authority.
1Hauled wastewater shall only be accepted if such wastes are delivered by an approved licensed hauler to the City wastewater treatment plant and discharged at a location and at such times or conditions established by the control authority. No load shall be discharged without prior consent of the control authority.
2The control authority requires all licensed haulers to obtain an annual individual wastewater discharge permit or general permit prior to any hauled waste being discharged.
a. Licensed haulers shall have filed a completed application in writing, on a form provided by the control authority.
b. Any applicable application fees established in Section 40-536 shall accompany the filed application.
c. The control authority will evaluate applications and shall approve or reject applications within 30 days upon receipt.
3The control authority may restrict, suspend or prohibit the disposal of hauled wastewater at its discretion, but not limited to:
a. Wastewater treatment plant operational or maintenance problems; or
b. NPDES violation directly or indirectly related to the acceptance of hauled wastewater.
4The control authority may require the waste hauler to provide a waste analysis of any load prior to discharge.
5The control authority may collect samples of each hauled load to ensure compliance with applicable standards and assess applicable surcharges.
6Waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.
(Code 1976, § 13.16.190) :::
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Secs. 40-213---40-232. Reserved.
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DIVISION 4. INDIVIDUAL WASTEWATER DISCHARGE PERMITS AND GENERAL PERMITS
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Sec. 40-233. Wastewater analysis for permitting purposes.
When requested by the control authority, a user must submit information on the nature and characteristics of its wastewater within 45 days of the request. The control authority is authorized to prepare a form for this purpose and may periodically require users to update this information.
(Code 1976, § 13.16.200) :::
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Sec. 40-234. Individual wastewater discharge permit and general permit requirements.
aNo CIU or SIU shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit or a general permit from the control authority.
bThe control authority may require other users to obtain individual wastewater discharge permits or general permits as necessary to carry out the purposes of this article.
cAny violation of the terms and conditions of an individual wastewater discharge permit or a general permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions promulgated in Sections 40-355 through 40-362. Obtaining an individual wastewater discharge permit or a general permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and City law.
dPermittees may challenge or appeal any conditions imposed within an individual or general wastewater discharge permit by filing a petition for modification in accordance with the requirements of Section 40-261 within 30 days upon receipt of the permit. Failure to petition for permit reconsideration within the 30-day allotted time is deemed a waiver by the permittee of its right to challenge the terms of this permit.
(Code 1976, 13.16.210) :::
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Sec. 40-235. Individual wastewater discharge and general permitting---Existing connections.
Any user required to obtain an individual wastewater discharge permit or a general permit who was discharging wastewater into the POTW prior to the effective date of the ordinance from which this article is derived and who wishes to continue such discharges in the future, shall, within 60 days after said date, apply to the control authority for an individual wastewater discharge permit or a general permit in accordance with Section 40-237, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of the ordinance form which this article is derived except in accordance with an existing individual wastewater discharge permit or a general permit issued by the control authority.
(Code 1976, § 13.16.220) :::
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Sec. 40-236. Individual wastewater discharge and general permitting---New connections.
Any user required to obtain an individual wastewater discharge permit or a general permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit or general permit, in accordance with Section 40-237, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
(Code 1976, § 13.16.230) :::
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Sec. 40-237. Individual wastewater discharge and general permit application contents.
aAll users required to obtain an individual wastewater discharge permit or a general permit must submit a permit application. Users that are eligible may request a general permit under Section 40-238. The control authority shall require users to submit all or some of the following information as part of a permit application:
1Identifying information, including:
a. The name and address of the facility, including the name of the operator and owner.
b. Contact information, description of activities, facilities, and plant production processes on the premises.
2Environmental permits. A list of any environmental control permits held by or for the facility.
3Description of operations including:
a. A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes;
b. Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;
c. Number and type of employees, hours of operation, and proposed or actual hours of operation;
d. Type and amount of raw materials processed (average and maximum per day);
e. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.
4Time and duration of discharges.
5The location for monitoring all wastes covered by the permit.
6Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in Section 40-171.
7Measurement of pollutants.
a. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.
b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the control authority, of regulated pollutants in the discharge from each regulated process.
c. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.
d. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 40-300. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the control authority or the applicable standards to determine compliance with the standard.
e. Sampling must be performed in accordance with procedures set out in Section 40-301.
8Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on Section 40-295(b).
9Any request to be covered by a general permit based on this section.
10Any other information as deemed reasonably necessary by the control authority to evaluate the permit application.
bIncomplete or inaccurate applications will not be processed and will be returned to the user for revision.
(Code 1976, 13.16.240) :::
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Sec. 40-238. Wastewater discharge permitting; general permits.
aThe control authority, at their discretion, may use general permits to control SIU discharges to the POTW if the following conditions are met. All facilities to be covered by a general permit must:
1Involve the same or substantially similar types of operations;
2Discharge the same types of wastes;
3Require the same effluent limitations;
4Require the same or similar monitoring; and
5In the opinion of the control authority, are more appropriately controlled under a general permit than under individual wastewater discharge permits.
bTo be covered by the general permit, the SIU must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general permit, any requests in accordance with Section 40-295(b). For a monitoring waiver for a pollutant neither present nor expected to be present in the discharge, and any other information the POTW deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general permit until after the control authority has provided written notice to the SIU that such a waiver request has been granted in accordance with Section 40-295(b).
cThe control authority will retain a copy of the general permit, all documentation to support the POTW's determination that a specific SIU meets the criteria in Subsection (a) of this section, applicable state regulations, and a copy of the user's written request for coverage for three years after the expiration of the general permit.
dThe control authority may not control an SIU through a general permit where the facility is subject to production-based categorical pretreatment standards or categorical pretreatment standards expressed as mass of pollutant discharged per day or for users whose limits are based on the combined waste stream formula provided in Section 40-171(e) or net/gross calculations provided in Section 40-171(d).
(Code 1976, § 13.16.250) :::
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Sec. 40-239. Application signatories and certification statements.
aAll wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user pursuant to Section 40-143 and contains the certification statement pursuant to Section 40-304.
bIf the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.
cA facility determined to be a non-significant categorical industrial user by the control authority pursuant to Section 40-143 must annually submit the signed certification statement in Section 40-304(b).
(Code 1976, § 13.16.260) :::
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Sec. 40-240. Individual wastewater discharge and general permit decisions.
The control authority will evaluate the data furnished by the user and may require additional information. Within 30 days of full evaluation and acceptance of the completed permit application, the control authority will determine whether to issue an individual wastewater discharge permit or a general permit or deny any application for an individual wastewater discharge permit or a general permit.
(Code 1976, § 13.16.270) :::
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Secs. 40-241---40-258. Reserved.
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DIVISION 5. INDIVIDUAL WASTEWATER DISCHARGE PERMITS AND GENERAL PERMIT ISSUANCE
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Sec. 40-259. Individual wastewater discharge and general permit duration.
An individual wastewater discharge permit or a general permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. An individual wastewater discharge permit or a general permit may be issued for a period less than five years, at the discretion of the control authority. Each individual wastewater discharge permit or a general permit will indicate a specific date upon which it will expire.
(Code 1976, § 13.16.280) :::
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Sec. 40-260. Individual wastewater discharge permit and general permit contents.
An individual wastewater discharge permit or a general permit shall include such conditions as are deemed reasonably necessary by the control authority to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
1Individual wastewater discharge permits and general permits must contain the following:
a. A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;
b. A statement that the wastewater discharge permit is nontransferable without prior notification to the control authority in accordance with Section 40-262, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
c. Effluent limits, including best management practices, based on applicable pretreatment standards;
d. Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants or best management practices to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and City law;
e. The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Section 40-295(b);
f. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements; and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or City law;
g. Requirements to control slug discharge, if determined by the control authority to be necessary;
h. Any grant of the monitoring waiver by the control authority must be included as a condition in the user's permit.
2Individual wastewater discharge permits or general permits may contain, but need not be limited to, the following conditions:
3Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
4Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
5Requirements for the development and implementation of spill control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;
6Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
7The unit charge or schedule of user charges, surcharges and fees for the management of the wastewater discharged to the POTW;
8Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
9A statement that compliance with the individual wastewater discharge permit or the general permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the individual wastewater discharge permit or the general permit; and
10Other conditions as deemed appropriate by the control authority to ensure compliance with this article, and state and federal laws, rules, and regulations.
(Code 1976, § 13.16.290) :::
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Sec. 40-261. Individual wastewater discharge permit and general permit modification.
aThe control authority may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
1To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
2To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance;
3A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
4Information indicating that the permitted discharge poses a threat to the City's POTW, City personnel, the receiving waters or beneficial sludge use;
5Violation of any terms or conditions of the individual wastewater discharge permit;
6Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
7Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
8To correct typographical or other errors in the individual wastewater discharge permit; or
9To reflect a transfer of the facility ownership or operation to a new owner or operator.
bThe control authority may modify a general permit for good cause, including, but not limited to, the following reasons:
1To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
2A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
3To correct typographical or other errors in the individual wastewater discharge permit; or
4To reflect a transfer of the facility ownership or operation to a new owner or operator.
(Code 1976, § 13.16.300) :::
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Sec. 40-262. Individual wastewater discharge permit and general permit transfer.
aIndividual wastewater discharge permits or coverage under general permits may be transferred to a new owner or operator only if the permittee gives at least 60 days advance notice to the control authority and the control authority approves the individual wastewater discharge permit or the general permit coverage transfer. The notice to the control authority must include a written certification by the new owner or operator which:
1States that the new owner and/or operator shall have no immediate intent to change the facility's operations and processes;
2Identifies the specific date on which the transfer is to occur;
3Acknowledges full responsibility for complying with the existing individual wastewater discharge permit or general permit;
4Submits a revised authorized or duly authorized representative of the user acknowledgement as per Section 40-143.
bFailure to provide advance notice of a transfer renders the individual wastewater discharge permit or coverage under the general permit void as of the date of facility transfer and shall initiate administrative and civil enforcement actions.
(Code 1976, § 13.16.310) :::
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Sec. 40-263. Individual wastewater discharge permit and general permit revocation.
aThe control authority may revoke an individual wastewater discharge permit or coverage under a general permit for good cause, including, but not limited to, the following reasons:
1Failure to notify the control authority of significant changes to the wastewater prior to the changed discharge;
2Failure to provide prior notification to the control authority of changed conditions pursuant to Section 40-296;
3Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
4Falsifying self-monitoring reports and certification statements;
5Tampering with monitoring equipment;
6Refusing to allow the control authority timely access to the facility premises and records;
7Failure to meet effluent limitations;
8Failure to pay fines;
9Failure to pay sewer charges;
10Failure to meet compliance schedules;
11Failure to complete a wastewater survey or the wastewater discharge permit application;
12Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
13Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or the general permit or this article.
bIndividual wastewater discharge permit or coverage under general permit shall be voidable upon cessation of operations or transfer of business ownership pursuant of Section 40-262.
cAll individual wastewater discharge permits or general permits issued to a user are void upon the issuance of a new individual wastewater discharge permit or a general permit to that user.
(Code 1976, § 13.16.320) :::
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Sec. 40-264. Individual wastewater discharge permit and general permit reissuance.
A user with an expiring individual wastewater discharge permit or general permit shall apply for individual wastewater discharge permit or general permit reissuance by submitting a complete permit application, in accordance with Section 40-237, a minimum of 180 days prior to the expiration of the user's existing individual wastewater discharge permit or general permit.
(Code 1976, § 13.16.330) :::
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Secs. 40-265---40-291. Reserved.
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DIVISION 6. REPORTING REQUIREMENTS
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Sec. 40-292. Baseline monitoring reports.
aWithin 180 days after the effective date of a categorical pretreatment standard, as published in the federal register, or 180 days after the final administrative decision on a category determination under 40 CFR 403.6(a)(4) or Wis. Admin. Code NR 211.33, whichever is later, users subject to the standard which are not new sources and which are currently discharging or scheduled to discharge into the shall submit to the control authority a report which contains the information listed in Subsection (b) of this section. At least 90 days prior to commencement of discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the control authority a report which contains the information listed in Subsection (b) of this section. New sources shall include in this report information regarding the method of pretreatment that will be used to meet applicable categorical standards. The control authority may require the user to submit additional information which the control authority finds necessary to determine the user's ability to meet the applicable pretreatment standards. New sources shall give estimates of its anticipated flow and quantity of pollutants to be discharged. Users designated as non-significant categorical industrial users are required to comply with the following reporting requirements.
bUsers described above shall submit the information set forth below.
1General. All information required in Section 40-237(a)(1) and (2), (3)a and (6)
2Measurement of pollutants.
a. The user shall provide the information required in Section 40-237(a)(7);
b. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this Subsection (2);
c. Samples shall be taken at the discharge from the regulated process or at the discharge from the pretreatment facilities provided that wastewaters that are not regulated by the applicable categorical standard are not mixed with the regulated waste stream prior to the sampling point. Where sampling according to this provision is not feasible, the control authority may consider allowing alternative means of sampling to be used to determine compliance with applicable categorical pretreatment standard at the point of discharge from the regulated process. If streams which are not regulated by the applicable categorical pretreatment standard are mixed with the regulated stream prior to the sampling point, the user shall measure the flows and concentrations necessary to allow use of the combined waste stream formula promulgated in Section 40-171(e);
d. Sampling and analysis shall be performed in accordance with Section 40-300;
e. The control authority may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;
f. The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
3Compliance certification. A statement, reviewed by the user's authorized representative as defined in Section 40-143 and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
4Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 40-293.
5Signature and report certification. All baseline monitoring reports must be certified in accordance with Section 40-304 and signed by an authorized representative as defined in Section 40-143.
(Code 1976, § 13.16.340) :::
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Sec. 40-293. Compliance schedule progress reports.
If a user requires additional pretreatment and/or operational and maintenance to achieve compliance with pretreatment standards and regulations, the following conditions shall apply to all compliance schedule progress reports:
1The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
2No increment referred to above shall exceed nine months;
3The user shall submit a progress report to the control authority no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and
4In no event shall more than nine months elapse between such progress reports to the control authority.
(Code 1976, § 13.16.350) :::
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Sec. 40-294. Reports on compliance with categorical pretreatment standards deadline.
aWithin 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the control authority a report containing the information described in Section 40-237(a)(6) and (7) and (b)(2).
bFor users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 40-171(c), this report shall contain a reasonable measure of the user's long term production rate.
cFor users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period.
dAll compliance reports must be signed and certified in accordance with Section 40-304. All sampling will be done in conformance with Section 40-301.
(Code 1976, § 13.16.360) :::
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Sec. 40-295. Periodic compliance reports.
aExcept as specified in Subsection (c) of this section, all significant industrial users must, at a frequency determined by the control authority, submit no less than twice per year (February and July) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the control authority or the pretreatment standard necessary to determine the compliance status of the user.
bThe control authority may authorize a user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the user. This authorization is subject to the following conditions:
1The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.
2The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.
3In making a demonstration that a pollutant is not present, the user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
4The request for a monitoring waiver must be signed by the user's authorized representative as defined in Section 40-143, and include the certification statement in Section 40-304(a).
5Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR 136 with the lowest minimum detection level for that pollutant was used in the analysis.
6Any grant of the monitoring waiver by the control authority must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the control authority for three years after expiration of the waiver.
7Upon approval of the monitoring waiver and revision of the user's permit by the control authority, the user must certify on each report with the statement in Section 40-304(c), that there has been no increase in the pollutant in its waste stream due to activities of the user.
8In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of Subsection (a) of this section, or other more frequent monitoring requirements imposed by the control authority, and notify the control authority.
9This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
cThe control authority may reduce the requirement for periodic compliance reports to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by where the user's total categorical wastewater flow does not exceed any of the following:
11,910 gallons per day (0.01 percent of the POTW's design dry-weather hydraulic capacity, as measured by a continuous effluent flow monitoring device unless the user discharges in batches);
22.6 pounds BOD per/day (0.01 percent of the POTW's design dry-weather organic treatment capacity); and
3POTW's value for 0.01 percent of the maximum allowable head works loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed.
Pollutant Maximum Allowable Head Works Loading (lb.) Arsenic 0.018 Cadmium 0.022 Chromium 0.15 Copper 0.038 Cyanide 0.077 Lead 0.12 Mercury No detectable discharge allowed Nickel 0.10 Phosphorus 0.29 Silver 0.086 Zinc 0.049
4Reduced reporting is not available to users that have in the last two years been in significant noncompliance, as promulgated in Section 40-333. In addition, reduced reporting is not available to a user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the control authority, decreasing the reporting requirement for this user would result in data that are not representative of conditions occurring during the reporting period.
dWaste streams subject to pretreatment standards and requirements that have been shipped off-site for disposal, in lieu of discharge into the POTW, shall report the following information:
1The manufacturing process and volume generated;
2Waste hauler identification and specific transport information; and
3The final destination and fate of such waste streams.
eAll periodic compliance reports must be signed and certified in accordance with Section 40-304(a).
fAll wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
gIf a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the control authority, using the procedures prescribed in Section 40-301, the results of this monitoring shall be included in the report.
hUsers that send electronic (digital) documents in lieu of paper to the control authority to satisfy the requirements of this section must:
1Submit in a format that cannot be altered without detection during transmission or at any time after receipt;
2Any alterations to the electronic document during transmission or after receipt are fully documented;
3The electronic document was submitted knowingly and not by accident;
4The electronic document is validated upon the control authority receiving the certification statement paper page containing the original wet ink physically written signature of the authorized representative of the user (photocopy not acceptable) in addition to the electronic document submittal.
(Code 1976, § 13.16.370) :::
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Sec. 40-296. Reports of changed conditions.
User's shall notify the control authority of any significant changes to the operations or system which might alter the nature, quality, or volume of its wastewater prior to implementing the change with sufficient notice to satisfactorily complete the following:
1The control authority may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 40-237.
2The control authority may issue an individual wastewater discharge permit or a general permit or modify an existing wastewater discharge permit or a general permit in response to changed conditions or anticipated changed conditions.
3The control authority may deny discharge of the change into the POTW under Section 40-361, if determined the change would present or threaten or appear to present or threaten an imminent or actual danger of interference, pass through or employee health and safety to the POTW.
(Code 1976, § 13.16.380) :::
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Sec. 40-297. Reports of potential problems.
aIn the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the control authority of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
Contact Telephone Numbers Description 608.755.3120 Control Authority Normal Business Hours7:00 a.m.---3:30 p.m. 608.755.6375 Control Authority After Hours
bWithin five days following such discharge, the user shall, unless waived by the control authority, submit a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this article.
cA notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection (a) of this section. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
dSignificant industrial users are required to immediately notify the control authority of any changes at its facility affecting the potential for a slug discharge.
(Code 1976, § 13.16.390) :::
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Sec. 40-298. Reports from unpermitted users.
All users not required to obtain an individual wastewater discharge permit or general permit shall provide appropriate reports to the control authority as the control authority may require, from time to time, submitted no later than the date specified.
(Code 1976, § 13.16.400) :::
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Sec. 40-299. Notice of violation/repeat sampling and reporting.
aWhere the control authority has performed the original sampling and analysis in lieu of the user, the control authority shall perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis.
bIf sampling performed by a user indicates a violation, the user must notify the control authority within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation.
(Code 1976, § 13.16.410) :::
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Sec. 40-300. Analytical requirements.
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with Wis. Admin. Code ch. NR 219. Laboratory test results for radiological samples submitted by the user to the control authority shall be performed by a laboratory approved by the Wisconsin Department of Agriculture, Trade and Consumer Protection, unless otherwise specified in an applicable categorical pretreatment standard. Laboratory test results shall be performed by either a certified or registered laboratory accredited under Wis. Admin. Code ch. NR 149.
(Code 1976, § 13.16.420) :::
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Sec. 40-301. Sample collection.
Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report; based on data that is representative of conditions occurring during the reporting period; and performed at the monitoring frequency necessary to assess and/or ensure compliance by the user with applicable pretreatment standards and requirements following the analytical requirements promulgated in Section 40-300.
1Except as indicated in Subsections (2) and (3) of this section, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the control authority. When time-proportional composite sampling or grab sampling is authorized by the control authority, the samples must be representative of the discharge and documented in the user's file or industrial wastewater discharge permit. Using protocols (including appropriate preservation) specified in Wis. Admin. Code ch. NR 219 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the control authority, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
2Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
3In sampling required in support of baseline monitoring and 90-day compliance reports required in Sections 40-292 and 40-294, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the control authority may authorize a lower minimum. For the reports required by Section 40-295, the user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.
(Code 1976, § 13.16.430) :::
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Sec. 40-302. Date of report receipt.
Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(Code 1976, § 13.16.440) :::
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Sec. 40-303. Recordkeeping and retention.
Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying by the EPA, WDNR and the City, all records of information obtained pursuant to any monitoring activities required by this article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under Section 40-173(f). Records shall include the date, exact place, method, and time of sampling, and the name of the person taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least seven years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the control authority.
(Code 1976, § 13.16.450) :::
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Sec. 40-304. Certification statements.
aCertification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Section 40-239; users submitting baseline monitoring reports under City ordinance Section 40-292(b)(5); users submitting reports on compliance with the categorical pretreatment standard deadlines under Section 40-294; users submitting periodic compliance reports required by Section 40-295(a) through (e); and users submitting an initial request to forego sampling of a pollutant on the basis of Section 40-295(b)(4). The following certification statement must be signed by an authorized representative of the user as defined in Section 40-143(c):
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
bAnnual certification for non-significant categorical industrial users. A facility determined to be a non-significant categorical industrial user by the control authority pursuant to Sections 40-143 and 40-239(c) must annually submit the following certification statement signed by an authorized representative of the user as defined in Section 40-143. This certification must accompany an alternative report required by the control authority.
Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR _____, (insert applicable national pretreatment standard part) I certify that, to the best of my knowledge and belief that during the period from _____, _____ to _____, _____ (month, day, year):
a. The facility described as _____. (insert facility name) met the definition of a non-significant categorical industrial user as described in Section 40-143;
b. The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
c. The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
This compliance certification is based on the following information: (insert information supporting the facility's classification as a non-significant industrial user).
cCertification of pollutants not present. Users that have an approved monitoring waiver based on Section 40-295(b) must include the following statement along with the signature of the authorized representative of the user as defined in Section 40-143(e) certifying the facility did not increase waste stream pollutant due to activities of the user:
Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR _____ (insert applicable national pretreatment standard part), I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____ (list pollutant) in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 40-295(a).
dCertification of toxic organics management plan. Categorical users promulgated to 40 CFR 433, Effluent Guidelines for Metal Finishing, that have been approved by the control authority to implement a toxic organic management plan and total toxic organic certification statement in lieu of monitoring for total toxic organics shall certify that:
Based on my inquiry of the permit or the persons directly responsible for managing compliance with the pretreatment standard for total toxic organics (TTO), I certify that, to the best of my knowledge and belief, no dumping or concentrated toxic organics into the wastewaters has occurred since filing of the last periodic compliance report. I further certify that this facility is implementing the toxic organics management plan submitted to the control authority.
(Code 1976, § 13.16.460) :::
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Sec. 40-305. Electronic (digital) reporting submission requirements.
Users that submit electronic (digital) documents in lieu of paper to the control authority to satisfy reporting requirements must:
1Submit in a format that cannot be altered without detection during transmission or at any time after receipt;
2Any alterations to the electronic document during transmission or after receipt are fully documented;
3The electronic document was submitted knowingly and not by accident;
4The electronic document is only validated upon the control authority receiving the certification statement paper page containing the original wet ink physically written signature of the authorized representative of the user (photocopy not acceptable) in addition to the electronic document submittal.
(Code 1976, § 13.16.470) :::
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Secs. 40-306---40-328. Reserved.
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DIVISION 7. COMPLIANCE MONITORING
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Sec. 40-329. Monitoring facilities.
aAll users shall have an inspection and sampling manhole or structure installed with an opening of no less than 24 inches in diameter and an internal diameter no less than 48 inches which is designed to contain flow measurement and sampling equipment located with access in the sewer lateral between the user's facility and prior to connection with the City collection system. The manhole shall be in an unobstructed location and shall provide ample room in or near the manhole to allow accurate flow measurement, sampling and preparation of samples for analysis whether constructed on public or private property.
bAny user subject to an individual wastewater discharge permit or a general permit shall provide and operate, at the user's own expense, a monitoring facility to allow 24-hour access for inspection, sampling and flow measurement of each unique waste stream outfall discharged into the POTW.
cEach monitoring facility shall be situated on the user's premises, except when such a location would, in the opinion of the control authority, cause an extreme hardship on the user. When the control authority determines such a hardship exists, the control authority may concur with the facility being constructed in the public right-of-way or easement, in an unobstructed location. The monitoring facility location shall provide ample room in or near the monitoring facility to allow accurate flow measurement, sampling and preparation of samples for analysis whether constructed on public or private property.
dThe user shall submit plans for the location and design of the monitoring facility, and related sampling and flow measurement equipment for review and approval as promulgated in Section 40-208 prior to construction. All monitoring facilities shall be constructed in accordance with all applicable local construction standards and specifications. All monitoring facilities shall be constructed and maintained in such a manner so as to enable the control authority to perform concurrent monitoring activities independently from the user provided and maintained sampling and flow monitoring equipment.
eThe metering of flow volume discharged into the POTW shall be determined from incoming water consumption records maintained by the City Water Utility.
1In the event that a user produces evidence satisfactory to the control authority that more than 20 percent of the total annual volume of water consumption is not discharged into the POTW collection system, the user shall be required to install and maintain flow measurement equipment.
2In the event that a user discharges flow volume greater than what shall be determined from incoming water consumption records due, in part, but not limited to, the introduction of raw materials, chemical addition or processes, cleaning and sanitation contribution, the user shall be required to install and maintain flow measurement equipment.
3Devices for metering the volume of waste discharged may be required by the control authority. Metering devices for determining the volume waste discharged into the POTW shall be purchased, installed, owned and maintained at the user's expense. Following the approval and installation, such meters may not be removed without the consent of the control authority. All applicable service charges and surcharges shall then be determined by the volume recorded on such metering device.
4Calibration of flow measurement equipment and devices shall be performed by an independent third party on no less than an annual frequency. Calibration certification reports provided by the independent third party shall be submitted with the applicable periodic compliance report promulgated in Section 40-295.
(Code 1976, § 13.16.480) :::
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Sec. 40-330. Right of entry; inspection and sampling.
The control authority shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this article and any individual wastewater discharge permit or general permit or order issued hereunder. Users shall allow the control authority ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
1Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the control authority shall be permitted to enter without delay for the purposes of performing specific responsibilities.
2The control authority shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
3Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the control authority and shall not be replaced. The costs of clearing such access shall be borne by the user.
4Unreasonable delays in allowing the control authority access to the user's premises shall be a violation of this article.
(Code 1976, § 13.16.490) :::
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Sec. 40-331. Search warrants.
If the control authority has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the control authority may seek issuance of a search warrant from the Circuit Court of Rock County, State of Wisconsin.
(Code 1976, § 13.16.500) :::
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Sec. 40-332. Confidential information/trade secrets.
aInformation and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, general permits and monitoring programs, and from the control authority inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the control authority, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data.
bWhen requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report.
cWastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 and Wis. Stats. § 19.21 shall not be recognized as confidential information and shall be available to the public without restriction.
(Code 1976, § 13.16.510) :::
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Sec. 40-333. Publication of users in significant noncompliance.
The control authority shall publish annually, in a newspaper of general circulation that provides meaningful public notice in the City, a list of the users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. An industrial user has been in significant noncompliance if any of the criteria in Subsections (1) through (8) of this section, apply. A non-significant industrial user has been in significant noncompliance if criteria in Subsection (3), (4) or (8) of this section apply.
1Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all the measurements taken for the same pollutant parameter taken during a six month period exceed by any magnitude a numeric pretreatment standard or requirement, including instantaneous limits;
2Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH; or exceeded a pH limit by 0.4 standard units);
3The control authority has reason to believe that a user has caused, alone or in combination with other discharges, interference, pass through or endangerment of health of POTW personnel or the general public because of a violation of a pretreatment standard or requirement;
4Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or the environment, or has resulted in the control authority's exercise of its emergency authority to halt or prevent such a discharge;
5The user failed to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or a general permit or enforcement order for starting construction, completing construction, or attaining final compliance;
6The user has failed to provide, within 45 days after the deadline, a required report containing all required monitoring results and other information, such as baseline monitoring report, report on compliance with categorical pretreatment standard deadline, periodic self-monitoring report, and reports on compliance with compliance schedules;
7The user failed to accurately report noncompliance; or
8Any other violation, which may include a violation of best management practices, which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
(Code 1976, § 13.16.520) :::
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Secs. 40-334---40-354. Reserved.
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DIVISION 8. ADMINISTRATIVE ENFORCEMENT REMEDIES
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Sec. 40-355. Notification of violation.
When the control authority finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, the control authority may serve upon that user a written notice of violation. Within 30 days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the control authority. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the control authority from initiating additional administrative or judicial enforcement action, without first issuing a notice of violation.
(Code 1976, § 13.16.530) :::
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Sec. 40-356. Consent orders.
The control authority may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 40-358 and 40-359 and shall be judicially enforceable.
(Code 1976, § 13.16.540) :::
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Sec. 40-357. Show cause hearing.
The control authority may order a user which has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the control authority and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail at least 14 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in Section 40-143 and required by Section 40-239(a). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(Code 1976, § 13.16.550) :::
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Sec. 40-358. Compliance orders.
When the control authority finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed, properly operated and maintained. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Code 1976, § 13.16.560) :::
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Sec. 40-359. Cease and desist orders.
aWhen the control authority finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the control authority may issue an order to the user directing it to cease and desist all such violations and directing the user to:
1Immediately comply with all requirements; and
2Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
bIssuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Code 1976, § 13.16.570) :::
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Sec. 40-360. Court forfeitures and penalties, equitable relief.
aWhen the control authority finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement set forth in this article, the control authority may initiate enforcement of penalties through legal action, together with equitable relief, in the manner allowed by Wisconsin law. Such forfeitures and other monetary penalties shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
bUnpaid charges, fines, and penalties shall be subject to such additional costs, fees, assessments, interest and legal and equitable relief allowed by law. Interest at the rate of one percent per month shall be assessed as allowed by law upon the unpaid balance. A lien against the user's property may be sought for unpaid charges, fines, and penalties.
cThe control authority may add the costs of preparing administrative enforcement actions, such as notices and orders and case preparation to the recovery sought through legal enforcement action.
(Code 1976, § 13.16.580) :::
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Sec. 40-361. Emergency suspensions.
aThe control authority may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The control authority may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the City POTW, or which presents, or may present, an endangerment to the environment.
1Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the control authority may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the City POTW, its receiving stream, or endangerment to any individuals. The control authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the control authority that the period of endangerment has passed, unless the termination proceedings in Section 40-362 are initiated against the user.
2A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the control authority prior to the date of any show cause or termination hearing under Section 40-357 or 40-362.
bNothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(Code 1976, § 13.16.590) :::
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Sec. 40-362. Termination of discharge.
aIn addition to the provisions in Section 40-263, any user who violates the following conditions is subject to discharge termination:
1Violation of individual wastewater discharge permit or general permit conditions;
2Failure to accurately report the wastewater constituents and characteristics of its discharge;
3Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
4Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling;
5Violation of the conditions or any provision of this article or any administrative or judicial order entered with respect hereto;
6Makes, attempts to make, aids or abets any connection to the City POTW collection system in any manner contrary to provisions of this article or other federal, state or City law; or
7Discharges, causes to be discharged, or in any manner aids in the discharge of any toxic or hazardous pollutant or any other substance prohibited in Section 40-170.
bSuch user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 40-357 why the proposed action should not be taken. Exercise of this option by the control authority shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Code 1976, § 13.16.600) :::
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Secs. 40-363---40-382. Reserved.
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DIVISION 9. JUDICIAL ENFORCEMENT REMEDIES
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Sec. 40-383. Injunctive relief.
When the control authority finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, the control authority in addition to any and all other enforcement and legal actions, remedies, penalties and relief may petition the Circuit Court of Rock County through the City's Attorney's Office for the issuance of a temporary or permanent injunction or other equitable order, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, the general permit order, or other requirement imposed by this article on activities of the user. The control authority may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(Code 1976, § 13.16.610) :::
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Sec. 40-384. Civil penalties.
aA user who has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, shall be liable to the City for a maximum forfeiture in an amount of not less than $1,000.00 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
bThe control authority may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.
cIn determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
dFiling a suit for civil penalties and forfeitures shall not be a bar against, or a prerequisite for, taking any other enforcement, legal or equitable action against a user for similar or other violation, and default.
(Code 1976, § 13.16.620) :::
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Sec. 40-385. Remedies nonexclusive.
The remedies provided for in this article are not exclusive. The control authority may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the control authority may take other action against any user when the circumstances warrant. Further, the control authority is empowered to take more than one enforcement action against any noncompliant user.
(Code 1976, § 13.16.630) :::
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Secs. 40-386---40-413. Reserved.
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DIVISION 10. SUPPLEMENTAL ENFORCEMENT ACTION
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Sec. 40-414. Penalties for late reports.
A penalty of $100.00 shall be assessed to any user for each day that a report required by this article, a permit or order issued hereunder is late, beginning five days after the date the report is due. Actions taken by the control authority to collect late reporting penalties shall not limit the control authority's ability to initiate other enforcement actions that may include penalties for late reporting violations.
(Code 1976, § 16.16.640) :::
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Sec. 40-415. Performance bonds.
The control authority may decline to issue or reissue an individual wastewater discharge permit or a general permit to any user who has failed to comply with any provision of this article, a previous individual wastewater discharge permit, or a previous general permit or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the control authority to be necessary to achieve consistent compliance.
(Code 1976, § 16.16.650) :::
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Sec. 40-416. Liability insurance.
The control authority may decline to issue or reissue an individual wastewater discharge permit or a general permit to any user who has failed to comply with any provision of this article, a previous individual wastewater discharge permit, or a previous general permit or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the City POTW caused by its discharge.
(Code 1976, § 16.16.660) :::
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Sec. 40-417. Payment of outstanding fees and penalties.
The control authority may decline to issue or reissue an individual wastewater discharge permit or a general permit to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this article, a previous individual wastewater discharge permit, or a previous general permit or order issued hereunder.
(Code 1976, § 16.16.670) :::
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Sec. 40-418. Water supply severance.
Whenever a user has violated or continues to violate any provision of this article, an individual wastewater discharge permit, a general permit or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will recommence, at the user's expense, only after the user has satisfactorily demonstrated its ability to comply.
(Code 1976, § 16.16.680) :::
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Secs. 40-419---40-449. Reserved.
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DIVISION 11. AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
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Sec. 40-450. Accidental discharge upset.
The term "accidental discharge upset" is defined as an exceptional incident in which there is unintentional and temporary noncompliance with either categorical or local pretreatment standards and requirements because of factors beyond the reasonable control of the user. An accidental discharge upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
1An accidental discharge upset shall constitute an affirmative defense to an action brought for noncompliance with either categorical or local pretreatment standards if the user demonstrates through properly signed, contemporaneous operating logs or other relevant evidence that the following requirements:
a. An accidental discharge upset occurred and the user can identify the cause of the upset;
b. The facility was at the time being operated in a prudent and workman like manner and in compliance with applicable operation and maintenance procedures; and
c. The user has followed the procedures identified in reporting potential problems as promulgated in Section 40-297 and has submitted the following information to the control authority within 24 hours of becoming aware of the accidental discharge upset or, if this information is provided orally, a written submission must be provided within five days:
1. A description of the indirect discharge and cause of noncompliance;
2. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
3. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
2Users shall control production of all discharges to the extent necessary to maintain compliance with either categorical or local pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
3In any enforcement proceeding, the user seeking to establish the occurrence of an accidental discharge upset shall have the burden of proof.
(Code 1976, § 16.16.690) :::
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Sec. 40-451. Prohibited discharge standards.
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 40-170(a) or the specific prohibitions in Section 40-170(b)(3) through (8) if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
1A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or
2No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City POTW was regularly in compliance with its WPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.
(Code 1976, § 16.16.700) :::
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Sec. 40-452. Bypassing.
aA user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions identified hereafter.
bBypass notifications.
1If a user knows in advance of the need for a bypass, it shall submit prior notice to the control authority, at least ten days before the date of the bypass, if possible.
2The user shall follow the procedures identified in reporting potential problems as promulgated in Section 40-297 and shall submit the following information to the control authority within 24 hours of becoming aware of an unanticipated bypass that exceeds applicable pretreatment standards or, if this information is provided orally, a written submission must be provided within five days:
a. A description of the bypass discharge and contributing factors causing the bypass;
b. The duration of bypass, including exact dates and times or, if not corrected, the anticipated time the bypassing is expected to continue;
c. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the bypass.
The control authority may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
cBypass is prohibited, and the control authority may take an enforcement action against a user for a bypass, unless:
1Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage which includes substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production;
2There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
3The user submitted notices as required under Subsection (b) of this section.
dThe control authority may approve an anticipated bypass, after considering its adverse effects, if the control authority determines that it will meet the three conditions listed under Subsection (c) of this section.
(Code 1976, § 16.16.710) :::
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Secs. 40-453---40-472. Reserved.
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DIVISION 12. WASTEWATER TREATMENT RATES
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Sec. 40-473. Wastewater treatment rates.
aSpecific charges. Specific sewer service charges shall be reserved and promulgated in Article VII of this chapter.
bPretreatment charges and fees. The City may adopt reasonable fees for reimbursement of costs of setting up and operating the City's pretreatment program, which may include:
1Fees for wastewater discharge permit applications including the cost of processing such applications;
2Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports and certification statements submitted by users;
3Fees for reviewing and responding to accidental discharge procedures and construction;
4Fees for filing appeals;
5Fees to recover administrative and legal costs associated with the enforcement activity taken by the control authority to address user noncompliance; and
6Other fees as the control authority may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this article and are separate from all other fees, fines, and penalties chargeable by the City.
(Code 1976, § 13.16.720) :::
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Secs. 40-474---40-499. Reserved.
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ARTICLE VI. FATS, OILS, GREASE AND SAND INTERCEPTORS
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Sec. 40-500. Purpose and policy.
aThis article sets forth uniform requirements for commercial and industrial property owners and possessors, and every such user (except residential units) of the publicly owned treatments works (POTW) for the City of Janesville ("City") to capture and dispose of fats, oils, and grease ("FOG") and enables the City to comply with all applicable state and federal laws, including the Clean Water Act, 33 U.S.C. § 1251 et seq.; and the General Pretreatment Regulations, 40 CFR 403, as from time to time amended or renumbered.
bThe term "person" means every user, entity, and form of organization.
cThe term "POTW" means the City POTW.
dThe objectives of this article are:
1To prevent the introduction of FOG and other pollutants into the POTW that will interfere with its operation.
2To protect both the POTW personnel who may be affected by FOG, wastewater, and bio solids in the course of their employment, and the general public.
3To provide recovery of all costs associated with the operation, maintenance, and remediation of system failures due to noncompliance.
4To enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, bio solids use, and disposal requirements, and any other federal or state laws to which the POTW is subject.
(Code 1976, § 13.17.010) :::
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Sec. 40-501. Administration.
The City Manager and his or her representatives shall administer, implement, and enforce the provisions of this article, except as otherwise provided herein. Any powers granted to or duties imposed upon the City Manager may be delegated by the City Manager to a duly authorized City employee.
(Code 1976, § 13.17.020) :::
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Sec. 40-502. Applicability and prohibitions.
aFats, oils, grease, and sand interceptors are necessary and shall be installed, maintained, and used by every commercial and industrial property owner and possessor, and each POTW user in the City, unless specifically exempt by the control authority, for the proper handling of wastewater containing excessive amount of FOG or sand; except that such interceptors shall not be required for residential users. All interceptor units shall be of a type and capacity approved by the POTW control authority, City Plumbing Inspector or the State of Wisconsin, and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired by the user at their expense.
bAll commercial and industrial properties, POTW users, and plumbing installations, other than residential dwelling units, where FOG or similar waste products of cooking or food are introduced into the POTW shall provide interceptors in accordance with this article and other applicable laws and regulations. All drains and drain piping carrying FOG shall be directed through one or more interceptors in accordance with the state and City plumbing code.
cNotwithstanding the state and City plumbing codes, every new commercial and industrial property and POTW user plumbing system which discharges to the POTW shall be provided with one or more grease and/or sand interceptors.
1Altered or remodeled plumbing systems. Notwithstanding the state and City plumbing codes, every existing commercial and industrial property and POTW user plumbing system that discharges to the POTW which is altered or remodeled as to that part of the plumbing system which discharges from kitchens or food processing area shall be provided with one or more approved interceptors.
2Existing installations. The POTW control authority or City Plumbing Inspector may require the installation of a grease or sand interceptor for existing plumbing installations where the waterway of a drain system or sewer system is reduced or filled due to sand or congealed grease, or where sand or congealed grease impairs the proper functioning or the sewer system.
3Exterior grease interceptors shall receive the entire waste discharge from kitchens or food processing areas. Every exterior interceptor shall be designed, constructed, and installed in accordance with the standards contained in the state and City plumbing codes, as from time to time amended or renumbered.
4No POTW user may intentionally or unintentionally allow the direct or indirect discharge of any FOG of animal or vegetable origin into the POTW system in such amount as to cause interference and/or harm of any kind with or to the City wastewater collection or treatment system, or as to cause one or more pollutants to pass through the treatment works into the environment.
5All users with a grease and/or sand interceptor must adhere to all the requirements, procedures, and detailed recordkeeping to ensure compliance with the requirements of this article. All users shall maintain such records for not less than seven years and every user shall render the records available for inspection by a representative of the POTW during normal business hours. An accurate, complete, and daily updated maintenance log shall be kept by every user that indicates, at a minimum:
a. Date the interceptor was serviced.
b. Name of person or company servicing the interceptor.
c. Method of cleaning.
d. Disposal method of FOG or sand.
6Cleaning schedules.
a. Grease and sand interceptors shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the interceptor; to ensure the discharge is in compliance with local discharge limits as identified in Section 40-173(d)(3); and so that no visible grease is observed in the discharge.
b. Grease interceptors shall be completely evacuated every 30 days, or more frequently when:
1. 25 percent or more of wetted height of the grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, fats, oils, or greases; or
2. The discharge exceeds BOD, TSS, FOG, PH, or other pollutant levels established by the POTW; or if there is a history of noncompliance.
7Any person who owns or operates a grease interceptor may submit to the POTW a request in writing for an exception to the 30, day cleaning frequency of their grease interceptor. The POTW may grant an extension for required cleaning frequency on a case-by-case basis when:
a. The grease interceptor owner/operator has demonstrated that the specific interceptor shall produce an effluent, based on defensible analytical results, in consistent compliance with established local discharge limits such as BOD, TSS, FOG, and other parameters as determined by the POTW; or
b. Less than 25 percent of the wetted height of the grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, fats, oils, or greases.
8Prohibited practices. No person shall introduce, permit, or cause the introduction of any surfactant, solvent, or emulsifier into a grease interceptor. Surfactants, solvents, and emulsifiers are materials which allow the grease to pass from the grease interceptor into the collection system and include, but are not limited to, enzymes, soap, diesel, kerosene terrene, and other solvents.
(Code 1976, § 13.17.030; Ord. No. 2020-798, § 6, 8-24-2020) :::
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Sec. 40-503. Compliance monitoring; right of entry.
aA representative of the POTW shall have the right to enter the premises of any user or potential user during normal business hours (7:00 a.m. to 3:00 p.m. Monday through Friday) to determine whether the user is complying with all requirements of this article and any wastewater discharge permit or order issued hereunder. Every user shall allow representatives of the POTW ready access to all parts of the premises at all times for the purposes of inspection, sampling, records, examination, copying, remediation, and the performance of any additional duties. Every user shall have the appropriate tools and staff available to open the grease interceptor for inspection at all times.
bWhere a user has security measures in force which require proper identification and clearance before entry is allowed into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the representative of the POTW shall be permitted to enter without delay for the purposes of performing specific responsibilities under this article and otherwise.
cThe POTW shall have the right to set up on the user's property, or require installation of, such device as are necessary or desirable to conduct sampling and/or metering of the user's operations under this article. The costs hereunder shall be at the user's expense.
dThe POTW may require the user to install monitoring equipment as necessary or desirable to the POTW. The user facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense.
eAny temporary or permanent obstruction to safe and easy access to the user's facility to be inspected and/or sampled shall be promptly removed by the user at the written or oral request of a representative of the POTW and shall not be replaced. The costs of clearing such access shall be borne by the user.
fUnreasonable delay, any obstruction, any hindrance, and any denial in allowing the POTW access to the user's premises shall be a violation of this article.
(Code 1976, § 13.17.040) :::
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Sec. 40-504. Violations and enforcement action.
aViolation of any and all provisions of this article include, but are not limited to, failure to clean or pump grease control equipment, failure to maintain grease control equipment including installation of properly functioning effluent-T and baffles, failure to install grease control equipment, failure to control FOG discharge, failure to certify the grease interceptor, being responsible for a sewer line obstruction, being responsible for a sanitary sewer overflow and using additives so that FOG is diluted or pushed downstream from connection, and each and every breach of any other provision set forth in this article.
bWhenever the City determines that a grease interceptor is in need of installation, pumping, repairs, maintenance, or replacement, a noncompliance notification or notice of violation (NOV) shall be issued stating the nature of the violation and timeframe for corrective measures.
cIf the user fails to initiate action or fully comply with a requirement or notice, a second notice shall be issued and additional fees assessed. Fees may include costs associated with service calls for sewer line blockages, line cleaning, camera trucks, line and pump repairs, including all labor, material, and equipment. Further noncompliance may result in the discontinuance of the user's facility water service and/or wastewater service.
dImmediate discontinuance of water service and/or wastewater service may be implemented by the City if the user or facility, in the sole determination of a representative of the POTW and/or City Plumbing Inspector, present an imminent endangerment to the health or welfare of persons, the public, or to the environment; or causes or potentially causes: a stoppage or excessive maintenance to the sanitary sewer system, significant interference with the wastewater treatment plant, or an actual or potential violation of any City condition of its permit. Service shall be reinstated when such conditions have been eliminated as determined by the City.
eIf an inspection or field investigation determines that any fats, oils, and grease interference or blockage in the sewer system, a sewage pumping station, or the wastewater treatment plant is caused by a particular user, then that user shall reimburse the City the costs, fees, and expenses of all labor, equipment, supplies, and disposal incurred by the City to clean the interference or blockage. Failure to reimburse the City for all such costs, fees, and expenses may result in the termination of water service and/or wastewater service to that user.
(Code 1976, § 13.17.050) :::
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Secs. 40-505---40-531. Reserved.
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ARTICLE VII. SEWER SERVICE CHARGES
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Sec. 40-532. Purpose; scope; policy.
aThe City has provided facilities for collection and treatment of sewage to promote the health, safety and convenience of its people, and to safeguard the water resources common to all. In such facilities, provisions of design, construction and operation have been made to accommodate certain types and quantities of commercial and industrial wastes in excess of, and in addition to, normal sewage.
bThe City Council has determined that it is the obligation of the producers of domestic, commercial and industrial wastes to defray the cost of normal and extraordinary services rendered by the City in the collection and treatment of such wastes in an equitable manner and, insofar as it is practicable, in proportion to the benefits derived from such services.
cService area. The wastewater utility shall provide service within the corporate limits of the City. Service to properties or areas outside the City limits cannot be provided unless the property owners enter into an agreement with the City. This agreement will, among other things, require the property owner, or the property owner's heirs or successors, to annex into the City when the City's corporate limits reach any side of the property. If the property fails to annex to the City, for any reason, service will be terminated until such time that annexation does occur.
dThe objectives of this article are:
1To provide for the recovery of all the costs of constructing, maintaining and operating the City wastewater system; and
2To provide for the establishment and maintenance of an equipment replacement fund.
(Code 1976, § 13.18.010) :::
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Sec. 40-533. Definitions.
aThe following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
City Council means the governing body of officials elected by the City of Janesville to oversee the management of the City utilities.
Clear water means all water which has not been polluted or contaminated by use, or water that would not cause violation of receiving water quality standards and would not benefit by discharge to the sanitary sewers and wastewater treatment facilities of the utility. Clear water includes non-contact cooling water, water used for irrigation, and any other non-polluted water. Clear water may come from the public water supply or from any other source.
Director means the City Manager, the Director of Public Works or Services, the Utility Director and/or other duly authorized deputy, agent or representative as designated by the City Manager.
Garbage means the residue from the preparation and dispensing of food, and from the handling, storage and sale of food produce.
Grease interceptor means a receptacle, either interior or exterior, designed to intercept and retain or remove grease or fatty substances. Also called "grease trap."
Ground garbage means the residue from the preparation, cooking and dispensing of food that has been shredded to such degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
Lateral means all pipes and devices connecting a sewer main to a customer and/or serviced property. In certain instances, at the discretion of the Director, the utility will pay street restoration costs when a residential customer must perform lateral maintenance under a publicly-owned street surface.
Normal concentration means*:*
1A five-day, 20-degree-centigrade BOD of not more than 250 mg/l;
2A suspended solids content of not more than 300 mg/l;
3A phosphorus concentration of not more than eight mg/l.
Normal sewage means sanitary sewage or other wastes in which BOD, suspended solids, or phosphorus concentrations do not exceed normal concentrations.
Privyor vault toilet wastes means wastes from a cavity in the ground or vault constructed for toilet uses which receives human excrement either to be partially absorbed by the surrounding soil or for storage and periodic removal.
Public sewer means a sewer provided by or subject to the jurisdiction of the City. The term "public sewer" also includes sewers within or outside the City boundaries that serve one or more persons and ultimately discharge into the City sewerage system, even though those sewers may not have been constructed with City funds.
Replacement means expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary to maintain the capacity and performance of the sewerage system during the service life of the sewerage system for which such system was designed and constructed.
Sanitary sewage means the waste from water closets, urinals, lavatories, sinks, bathtubs, showers, household laundries, cellar floor drains, garage floor drains, and other sewage from primarily domestic sources.
Sanitary sewer means a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, or institutions, and into which stormwater and clear water are not admitted.
Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
Sewer means any pipe, conduit, ditch or other device used to collect and transport sewage, stormwater, groundwater or other waters from the generating source.
bSee Section 40-143 for additional definitions.
(Code 1976, § 13.18.020) :::
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Sec. 40-534. Sewer service charges, generally.
aThere is levied and assessed upon each lot, parcel of land, building, premises or unit having a connection with the public sewer system, a sewer charge based upon the quantity of wastewater discharged, as measured by the Janesville Water Utility. Unless metered and showing otherwise, it shall be assumed that the quantity of wastewater discharged into the public sewer system is the same as the quantity of water used by the particular lot, parcel of land, building, premises or unit. If any person discharging wastewater into the public sewer system procures any part or all of his or her water from sources other than the City water utility, all or part of which is discharged into the public sewers, the person shall, at his or her expense, provide a suitable location and proper connections for the installation of a water meter provided by the utility, for the purpose of determining the volume of water obtained from these other sources. Such sewer service charge for each quarter shall be in an amount as established by the City Council from time to time, and as set out in the fee schedule that appears in this Code.
bClear water/deduct meter. The customer may, in an effort to reduce wastewater charges, measure the water supplied by the City water utility which does not enter the sanitary sewer collection system, through the use of an additional clear water meter. The person shall, at his or her own expense, provide a suitable location and proper connections to allow the installation of a water meter and transmitter purchased from, and installed by, the City water utility. Wastewater charges will be reduced by using the volume of flow not entering the sanitary sewer with the current wastewater rates. The cost of testing, maintenance, and replacement of the clear water meter shall be included in the following fixed fees. Meter and transmitter upgrade fee for five-eighths inch and three-quarter inch meters, $156.00. This is a one-time fee to upgrade the meter, if needed, and transmitter to a radio reading system. This fee can be paid in one payment or spread over five years at $10.00/quarter.
(Code 1976, § 13.18.030; Ord. No. 2018-740, §§ I, II(attach), 11-26-2018) :::
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Sec. 40-535. Industrial and commercial surcharge.
aImposition. All persons, firms, corporations, institutions, or organizations discharging wastes into the public sewers shall, if their sewage has a concentration greater than "normal" domestic concentrations, be considered an industrial discharger and subject to the requirements of Section 40-208. The amount of surcharge shall reflect the cost incurred by the City in removing the excess biochemical oxygen demand (BOD), suspended solids and phosphorus.
Surcharge Parameter Normal Domestic Concentration BOD 250 mg/L Total suspended solids 300 mg/L Total Phosphorus 7.0 mg/L or 5.0 lbs./day
bComputation. The excess pounds of BOD, suspended solids and phosphorus will be computed by multiplying the flow volume in million gallons per day (MGD) by the constant 8.345 lbs./ gallon water, and then multiplying the product by the difference between the person's concentration of BOD, suspended solids, and phosphorus and the aforementioned normal concentrations in parts per million by weight. This product will then be multiplied by the number of days in the billing period to determine the surcharge.
cRates. The rates of surcharge for each of the constituents mentioned in the Subsection (b) of this section will be at the prevailing rate at the time. The prevailing rate at the time shall be in an amount as established by the City Council from time to time, and as set out in the fee schedule that appears in this Code.
(Code 1976, § 13.18.040; Ord. No. 2018-740, § III(attach), 11-26-2018; Ord. No. 2023-859, § 1, 2-13-2023) :::
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Sec. 40-536. Hauled waste service charge.
Application fees and disposal charges for bulk wastes shall be as follows:
1Application fee. To defray annual program administration costs, a non-refundable fee shall be paid by the applying licensed hauler at the time of the application. Once the application is approved by the Director, the licensed hauler will be authorized to discharge residential septage and/or holding tank waste at the treatment plant for a period of one year. All other liquid wastes require a separate specific approval of the Director prior to their discharge. A new application and non-refundable fee must be submitted each year. The non-refundable fee shall be in an amount as established by the City Council from time to time, and as set out in the fee schedule that appears in this Code.
2Septage. For each 1,000 gallons or a portion thereof of typical strength septage (less than 7,000 mg/l BOD and 15,000 mg/l SS) there shall be a charge in an amount as established by the City Council from time to time, and as set out in the fee schedule that appears in this Code. If analytical testing determines the strength of the septage to be higher than the typical values as indicated above, an additional charge shall be levied, based upon the unit charges as indicated in Section 40-535, and upon the increased pounds of BOD and/or SS over and above the typical strengths as stated in this subsection.
3Commercial/industrial hauled waste. Commercial/industrial bulk waste haulers will be billed a surcharge per pound of phosphorous on all waste received. The per pound surcharge shall be in an amount as established by the City Council from time to time, and as set out in the fee schedule that appears in this Code.
4Holding tank wastes. For each 1,000 gallons or portion thereof of typical strength holding tank waste (less than 600 mg/l BOD and 1,800 mg/l SS) there shall be a charge in an amount as established by the City Council from time to time, and as set out in the fee schedule that appears in this Code. If analytical testing determines the strength of the septage to be higher than the typical values as indicated above, an additional charge shall be levied, based upon the unit charges as indicated in Section 40-535, and upon the increased pounds of BOD and/or SS over and above the typical strengths as stated in this subsection.
5Privy, vault toilet wastes, and other bulk wastes. Privy, vault toilet wastes and other bulk wastes will be charged on a case-by-case basis, based on the character of the wastes as determined by actual testing, upon the unit charges as indicated in Section 40-535, and including actual costs for analytical charges and for administrative expenses.
(Code 1976, § 13.18.050; Ord. No. 2018-740, § IV(attach), 11-26-2018) :::
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Sec. 40-537. Sewer service charges, surcharges and pretreatment program charges---Billing period.
aSewer service charges, surcharges, and pretreatment program charges provided for in this article and Article V of this chapter shall be included as separate items on the regular bill for water service, and shall be payable upon issue in accordance with the existing rules and regulations of the water utility.
bRevenue raised by the operation, maintenance and replacement (OM&R) rates are to be used only to defray utility expenses for OM&R. The replacement fund is to be funded at the level of $800,000.00 per year. Monies allocated for replacement are to be used only for replacement.
cDNR regulations, specifically Wis. Admin. Code NR 128.13(2)(b), as from time to time amended, requires an audit and review of the user charge system rates no less often than every two years. The regulation specifically provides that the City should revise the charges for users or user classes to accomplish the following:
1Maintain the proportional distribution of operation and maintenance costs among the users and user classes as required herein;
2Generate sufficient revenue to pay the total operation and maintenance (including replacement) of the treatment works; and
3Apply excess revenues collected from a class of users to the costs of operation and maintenance attributable to that class for next year and adjust the rate accordingly.
dIn accordance with these rules, a biannual review of charges for users or user classes shall be made by the utility to ensure the proportional distribution of operation and maintenance costs among users and user classes, and that adequate funds are accumulating in the replacement fund to defray the cost of future replacements.
(Code 1976, § 13.18.060; Ord. No. 2018-740, § V, 11-26-2018) :::
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Sec. 40-538. Sewer service charges, surcharges and pretreatment program charges---Payment procedure.
aSewer service charges, surcharges and pretreatment charges shall be payable at the office of the municipal building, or at any other officially designated location at the same time that the water bills become due, or at such other time as may be designated by the wastewater utility. Payments for water service shall not be accepted without full payment of the sewer service charges and surcharges.
bThese and any and all other costs and fees set forth herein, pertaining to, or arising from, this article, Article V of this chapter and/or its application shall, in addition to any and all other remedies available at law for the assessing, levying, and collecting of the same, be levied against the user's property as a lien and/or special assessment. All remedies for collecting the cost of same being cumulative and not exclusive.
cResidential property owners may have the bill placed in the name of the tenant if the following conditions are met:
1The owner of the rental dwelling unit notifies the utility in writing of the name and address of the owner.
2The owner of the rental dwelling unit notifies the utility in writing of the name and address of the tenant who is responsible for payment of the utility charges.
3If requested by the utility, the owner of the rental dwelling unit provides the utility with a copy of the rental or lease agreement in which the tenant assumes responsibility for the payment of the utility charges.
dIn order to comply with the requirements of Subsection (c) of this section, the property owner must complete a written application in compliance with the operating policies of the Janesville Utility.
(Code 1976, § 13.18.070) :::
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Sec. 40-539. Industrial pretreatment program; funding and fees.
The sample collection and analysis costs of the industrial pretreatment program of the City shall be borne by those users that require monitoring, as determined by the Director. Sample analysis and collection costs shall be based upon the actual costs of this activity to the utility and shall be proportionately divided amongst the users to reflect each user's actual use. The costs of any additional services that are requested by a particular user or required by the Director for a particular user shall be charged to that user.
(Code 1976, § 13.18.080) :::
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Sec. 40-540. Sewer service charges, surcharges and pretreatment program charges---Delinquent bills; late charge.
Bills for sewer service charges, surcharges and pretreatment program charges levied and assessed in accordance with this article and/or Article V of this chapter shall become due and payable within 30 days from and after the date of the bill. In the event that any such bills are not paid when due, a late charge of one percent every 30 days on the unpaid balance will be added thereto.
(Code 1976, § 13.18.090) :::
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Sec. 40-541. Sewer service charges, surcharges and pretreatment charges---When constitutes a lien.
Each sewer service charge, surcharge and pretreatment program charge levied by or pursuant to this article and/or Article V of this chapter shall constitute a lien upon the premises serviced by the sewer system, as provided for in Wis. Stats. § 66.0821, as from time to time amended.
(Code 1976, § 13.18.100) :::
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Sec. 40-542. Sewer service charges, surcharges and pretreatment program charges---Effect of ownership or occupancy change on delinquency.
Change of ownership or occupancy of premises delinquent under the provisions of this article and/or Article V of this chapter shall not be cause for reducing or eliminating charges due and penalties.
(Code 1976, § 13.18.110) :::
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Sec. 40-543. Severability.
If any provision, paragraph, word, section or subsection of this article is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and subsections shall not be affected and shall continue in full force and effect.
(Code 1976, § 13.18.120) :::
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Sec. 40-544. Violations; penalties; other relief.
aAny person, firm or corporation, or any officer of any corporation, who violates or causes to be violated any of the provisions of this article shall forfeit and pay to the City a penalty of not to exceed $1,000.00 for each offense, together with the costs of prosecution, and in default of the payment of such forfeiture shall be subject to such sanctions and penalties as provided by law and/or ordered by the court, and/or committed to the Rock County Jail for a term as set forth by the court.
bIt shall be the responsibility of the offender of any provision of this article to abate the violation immediately, and each day that such violation continues constitutes a separate offense.
cThe City may, in addition to the previously stated penalties, institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove the violation.
dAny person, firm or corporation, or any officer of any corporation, who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be punished by the imposition of a forfeiture of not less than $500.00 and not more than $1,000.00, together with the costs of prosecution, and in default of the payment of such forfeiture, shall be subject to such sanctions and penalties as provided by law and/or ordered by the court, and/or committed to the Rock County Jail for a term as set forth by the court.
eIf, in any action, any permit was issued, it shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of any City agent or employee constitute a defense.
fAny person, or any officer of any corporation, who violates or causes to be violated any of the provisions of this article shall be liable to the City for any expenses, loss or damage occasioned by such violation, including personnel costs and attorney's enforcement of the order and/or any other appropriate legal and/or equitable relief.
gIf, in any action, any permit was issued, it shall not constitute a defense; nor shall any error, oversight or dereliction of duty on the part of any City agent or employee constitute a defense.
hFailure to comply with the requirements of this section and article will result in discontinuance of wastewater service to the premises.
(Code 1976, § 13.18.130) :::
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Secs. 40-545---40-564. Reserved.
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ARTICLE VIII. FLUORINATION
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Sec. 40-565. Generally.
Having received the consent and approval of the State Board of Health, the Water Department of the City, under the direction of the Health Department of the City, is authorized and directed to provide the means and equipment necessary to proceed and continue with the introduction of approximately one part of fluorine to every million parts of water distributed in the water supply system of the City. The employees and facilities of the Water Department of the City are to be used as far as possible in this public health program, under the supervision of the Department of Health of the City, and the entire program shall be considered as a health program of the City.
(Code 1976, § 8.44.010) :::
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Chapter 42 ZONING
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ARTICLE I. IN GENERAL
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Secs. 42-1---42-18. Reserved.
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ARTICLE II. TITLE
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Sec. 42-19. Generally.
The ordinance codified in this chapter shall be known, cited, and referred to as the "Janesville Zoning Ordinance."
(Code 1976, § 18.04.010) :::
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Secs. 42-20---42-41. Reserved.
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ARTICLE III. AUTHORITY
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Sec. 42-42. Generally.
The authority of the City Council to regulate development with a zoning ordinance is done pursuant to a grant of power in Wis. Stats. §§ 62.23 and 87.30.
(Code 1976, § 18.08.010) :::
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Secs. 42-43---42-72. Reserved.
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ARTICLE IV. PURPOSE
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Sec. 42-73. Generally.
The ordinance codified in this chapter is adopted for the following generally:
1To promote public health, safety, morals, comfort, convenience, prosperity and general welfare of the community;
2To lessen congestion in the streets;
3To zone all properties with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City;
4To encourage reasonable flexibility of development design through appropriate innovation;
5To isolate or control the location of unavoidable nuisance-producing uses;
6To foster a more rational pattern of relationship between residential, business, commercial and industrial uses for the mutual benefit of all;
7To provide adequate light, air, and open spaces;
8To prevent the overcrowding of land;
9To avoid undue concentration of population;
10To facilitate the adequate provisions for transportation, water, sewerage, schools, parks and other public requirements;
11To protect existing uses from harmful encroachment by incompatible uses;
12To provide for the elimination and encouragement of the elimination of those uses of land, buildings, and structures which are contrary to the intent and purposes of this article of which are adversely affecting the character, development, and taxable value of property in each district;
13To provide for preservation and restoration of historically significant buildings and neighborhoods;
14To define the powers and duties of the administrative officers and bodies, as provided in this chapter.
(Code 1976, § 18.12.010) :::
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Sec. 42-74. Standards and requirements in this chapter.
The standards and requirements contained in this chapter and the district mapping reflected on the Janesville Zoning Map, are intended to further the implementation of the objectives of the Janesville Comprehensive Pan, as well as to protect all desirable existing structures and uses.
(Code 1976, § 18.12.020) :::
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Secs. 42-75---42-91. Reserved.
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ARTICLE V. APPLICABILITY
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Sec. 42-92. Interpretation.
In their interpretation and application, the provisions of this chapter shall be liberally construed in favor of the City as minimum requirements adopted for the purposes stated.
1Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or regulations of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
2This chapter is not intended to abrogate any easement, covenant, or other private agreement, provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easement, covenants, or other private agreements, the requirements of this chapter shall govern.
(Code 1976, § 18.16.010) :::
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Sec. 42-93. Scope of regulations.
All structures erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located.
1Any building, structure, or use of land, building, or structure that was nonconforming prior to the effective date of the ordinance codified in this chapter which clearly complies with the intent, purposes, and all regulations of this article shall be considered lawful and conforming. Any building, structure, or use of land, buildings, or structure which is in conflict with the requirements of this article, shall be nonconforming to the extent of the conflict and shall be subject to the provisions of nonconforming buildings, structures and uses.
2However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of the ordinance codified in this chapter, and provided construction is begun within 90 days of such effective date and diligently prosecuted to completion, the building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of nonconforming buildings, structures and uses.
(Code 1976, § 18.16.020) :::
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Sec. 42-94. Severability.
It is hereby declared to be the intention of the City Council that the several provisions of this chapter are severable, in accordance with the following:
1If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter not specifically included in the judgment.
2If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building, or structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in the judgment.
(Code 1976, § 18.16.030) :::
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Sec. 42-95. Prohibitions.
aNo person shall use, develop, or maintain any parcel of land, building, or structure, or any part of any of the foregoing, within the City, except as specifically allowed by a valid conditional use permit or by the applicable chapter or section of this chapter. No person shall use, develop, or maintain any parcel of land, building, or structure, or any part of any of the foregoing, within the City, except as specifically allowed pursuant to the applicable zoning regulations and other such regulations which apply to such land, building, or structure, including, but not limited to, limitations on the number of buildings on any lot or parcel of land, vision clearance, other obstructions, use lists, height limitations, setback requirements, off-street parking, off-street loading, and accessory buildings, structures, and uses.
bExcept as specifically allowed pursuant to the provisions of this chapter, no person shall use, develop, maintain, sell, transfer, or convey any parcel of land or part thereof which has been represented to be, or has been used as, or has been agreed to be used as, or was set aside as a fulfillment of any regulation or requirement of this chapter or of any other ordinance of the City, including, but not limited to, green area, off-street parking, and off-street loading, when such use, development, maintenance, sale, transfer, or conveyance does or would result in noncompliance with any such regulation or requirement.
cNo building, occupancy, or conditional use permit shall be issued to any person when the proposed use or development would violate any of the provisions of this article. This prohibition includes any violation resulting from a change of use of any land, building or structure previously used to fulfill a condition or requirement of this article or any other ordinance or part thereof of the City. There are many parts of this article which specify certain activities that may be accomplished in the future in order to comply fully with all requirements and regulations imposed by this article for particular uses. Examples of such future activities are construction of required off-street parking spaces and planting and maintenance of green areas. If any use or development is commenced and some activity or activities are specified as requirements for such use or development, these positive steps must be completed within any applicable time limit, or within a reasonable time if no time limit is imposed, or within 60 days of the mailing of written notice by the City that such requirements must be fulfilled. Such written notice may specify a longer period of time for compliance. No person shall fail to take such required action or actions specified herein.
(Code 1976, § 18.16.040) :::
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Secs. 42-96---42-118. Reserved.
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ARTICLE VI. DEFINITIONS
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Sec. 42-119. Generally.
In the construction of this chapter, the rules and definitions contained in this chapter shall be observed and applied, except when the context clearly indicates otherwise. In further amplification and for clarity of interpretation of the context, the following definitions of word use shall apply:
1Terms used in the present tense shall include the future and words used in the singular number shall include the plural number and the plural the singular.
2The term "shall" is mandatory and not discretionary.
3The term "may" is permissive.
4The term "lot" includes the terms "piece," "parcel," and "plots"; the term "building" includes all other structures of every kind regardless of similarity to buildings and the phrase "used for" includes the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."
5All measured distances shall be to the nearest foot. If a fraction is one-half foot or more, the full number next above shall be taken.
6Words contained in this chapter and not defined herein after shall assume definitions as prescribed in Webster's Unabridged Dictionary (1976 Edition).
(Code 1976, § 18.20.010) :::
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Sec. 42-120. A Zones.
A Zones means those areas shown on the official floodplain zoning map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.
(Code 1976, § 18.20.020) :::
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Sec. 42-121. Accessory building.
Accessory building means a building which is incidental and subordinate to the principal building, serves the principal building exclusively and located on the same lot with such principal building. An accessory building shall not exceed 120 square feet in area.
(Code 1976, § 18.20.030) :::
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Sec. 42-122. Accessory use.
Accessory use means a use which is incidental to the principal use and serves the principal use exclusively.
(Code 1976, § 18.20.031) :::
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Sec. 42-123. Adult entertainment or oriented establishment.
Adult entertainment or oriented establishment means the establishment or business described, regulated and licensed in Chapter 4, as from time to time amended or renumbered.
(Code 1976, § 18.20.033) :::
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Sec. 42-124. Adult family home.
Adult family home means a private residence or other facility, defined under Wis. Stats. § 50.01(1), within which care, maintenance, treatment and/or services above the level of room and board, but not including nursing care, are provided, and the number of adults in residence receiving services is generally limited to three or four.
(Code 1976, § 18.20.034) :::
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Sec. 42-125. Alteration.
Alteration means any change to one or more of the exterior architectural features of an improvement, including, but not limited to, the erection, construction, reconstruction or moving of any such improvement.
(Code 1976, § 18.20.040) :::
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Sec. 42-126. Awning.
Awning means a fixed or retractable roof like cover which projects from the wall of a building and is used as a sunshade or rain shelter.
(Code 1976, § 18.20.050) :::
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Sec. 42-127. Base flood.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given year, as published by the federal emergency management agency (FEMA) as part of a flood insurance study (FIS) and depicted on a flood insurance rate map (FIRM).
(Code 1976, § 18.20.060) :::
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Sec. 42-128. Base flood elevation.
Base flood elevation means an elevation equal to that which reflects the height of the base flood as defined.
(Code 1976, § 18.20.010) :::
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Sec. 42-129. Bay.
Bay means an area within the building intended for or usable as a location to service, repair or wash a car. Each area large enough to accommodate one car shall be considered as one bay.
(Code 1976, § 18.20.070) :::
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Sec. 42-130. Bed and breakfast establishments.
Bed and breakfast establishment means an owner-occupied single-family residence containing lodging rooms for rent and providing limited meal service to only the permanent residents of the site and occupants of the lodging rooms.
(Code 1976, § 18.20.084) :::
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Sec. 42-131. Beer garden.
For a definition of the term "beer garden," see Outdoor cafe.
(Code 1976, § 18.20.085) :::
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Sec. 42-132. Boathouse.
Boathouse as defined in Wis. Stats. § 30.121(1), means a permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of structural parts.
(Code 1976, § 18.20.088) :::
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Sec. 42-133. Brewpub.
Brewpub means a restaurant that holds a Class B liquor license and is licensed by the State of Wisconsin to manufacture not more than 10,000 barrels of fermented malt beverages annually or as otherwise amended from time to time by the state.
(Code 1976, § 18.20.089) :::
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Sec. 42-134. Building.
Building means any structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind and which is permanently affixed to the land but shall not include fences.
(Code 1976, § 18.20.090) :::
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Sec. 42-135. Building Division Director.
Building Division Director means the person designated by the City Manager to enforce and administer this Code or his or her duly authorized representative.
(Code 1976, § 18.20.100) :::
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Sec. 42-136. Bulkhead line.
Bulkhead line means a geographic line along a reach of a navigable body of water that has been adopted by a municipal ordinance and approved by the Department of Natural Resources pursuant to Wis. Stats. § 30.11, and which allows limited filling on the landward side except where such filling is prohibited by the floodway provisions of this article.
(Code 1976, § 18.20.110) :::
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Sec. 42-137. Carwash.
Carwash means a building or portion thereof containing facilities for washing automobiles by using production line methods or partial hand washing.
(Code 1976, § 18.20.120) :::
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Sec. 42-138. Certificate of appropriateness.
Certificate of appropriateness means a statement containing the signature of the secretary of the Historic Commission verifying that the Historic Commission has found the requested action to be appropriate to the general character of the Historic Overlay District and that the requested action may be taken subject to applicable building and zoning codes.
(Code 1976, § 18.20.130) :::
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Sec. 42-139. Channel.
Channel means a natural or artificial watercourse with definite bed and banks to confine and conduct the normal flow of water.
(Code 1976, § 18.20.140) :::
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Sec. 42-140. Club or lodge, private (nonprofit).
Private (nonprofit) club or lodge means a nonprofit association of persons who are bona fide members which owns, hires, or leases a building, or portion thereof; the use of such premises being restricted to members and their guests. The affairs and management of such private club or lodge are conducted by a board of directors, executive committee, or similar body chosen by the members.
(Code 1976, § 18.20.150) :::
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Sec. 42-141. Community living arrangement.
Community living arrangement means any of the following facilities licensed or operated or permitted under the authority of the State Department of Health and Social Services: child welfare agencies under Wis. Stats. § 48.60, group homes for children under Wis. Stats. § 48.02(7) and community-based residential facilities under Wis. Stats. § 50.01, but does not include adult family homes, as defined in Wis. Stats. § 50.01, day care centers, nursing homes, general hospitals, special hospitals, prisons and jails.
(Code 1976, § 18.20.160) :::
::: {}
Sec. 42-142. Compatible.
Compatible means:
1Having harmony in design and/or appearance between two or more attributes of a structure;
2Having harmony in design and/or appearance between two or more structures;
3Having harmony in design and/or appearance between two or more attributes of a neighborhood;
4Having harmony in use or function between two or more attributes of a neighborhood or area. :::
::: {}
Sec. 42-143. Conditional use.
Conditional use means a use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided for in this article, of the impact of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted.
(Code 1976, § 18.20.170) :::
::: {}
Sec. 42-144. Convalescent home or nursing home.
Convalescent home or nursing home means a home for the aged, infirmed, chronically ill, or incurable persons in which person, not restricted to members of the immediate family of the home operators, are received, kept or provided with food, shelter, and care for compensation.
(Code 1976, § 18.20.180) :::
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Sec. 42-145. Corner lot.
For a definition of the term "corner lot," see Lot, corner.
(Code 1976, § 18.20.190) :::
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Sec. 42-146. Court.
Court means an area planned to accommodate mobile homes and their accompanying facilities.
(Code 1976, § 18.20.200; Ord. No. 80-208, § l(part), 1981) :::
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Sec. 42-147. Day care center.
Day care center means a facility licensed by the state that provides care, education or supervision for four or more children under the age of seven for less than 24 hours a day.
(Code 1976, § 18.20.210) :::
::: {}
Sec. 42-148. Demolition.
Demolition means any act of razing, destruction or ruination of all or any part of an improvement.
(Code 1976, § 18.20.220) :::
::: {}
Sec. 42-149. Development.
Development means any manmade change to improved or unimproved real estate, including, but not limited to, construction of or additions to or, substantial improvements to buildings, other structures, or accessory uses, the placement of mobile homes, mining, dredging, filling, grading, paving, excavation or drilling operations, deposition of materials.
(Code 1976, § 18.20.230) :::
::: {}
Sec. 42-150. Drainage greenbelt.
Drainage greenbelt means a normally dry valley which is subject to intermittent storm runoff.
(Code 1976, § 18.20.240) :::
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Sec. 42-151. Drainage system.
Drainage system means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.
(Code 1976, § 18.20.245) :::
::: {}
Sec. 42-152. Drainageway.
Drainageway means a public owned and maintained valley for the purpose of conducting surface drainage; the bottom of a greenbelt.
(Code 1976, § 18.20.250) :::
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Sec. 42-153. Drive-in establishment.
Drive-in establishment means a place of business being operated for the sale and purchase at retail of food and other goods, services or entertainment, which is laid out and equipped so as to allow its patrons to be served or accommodated while remaining in their motor vehicles, or which allows the consumption of food or beverage in motor vehicles on the premises. Such business may also allow consumption of food or beverage on the premises and outside any completely enclosed structures if provided for in the conditional use permit. The term "drive-in establishment" includes, but is not limited to, car washes, drive-in restaurants, drive-in banks and drive-in theaters.
(Code 1976, § 18.20.260) :::
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Sec. 42-154. Dwelling.
Dwelling means a building or portion thereof used primarily for human habitation including single-family, two-family and multiple-family dwellings, but not including hotels, motels, or lodginghouses.
(Code 1976, § 18.20.270) :::
::: {}
Sec. 42-155. Dwelling unit.
Dwelling unit means a unit consisting of one or more rooms containing cooking, sleeping and sanitary facilities and which are arranged, designed, or used as living quarters for one family only. Cooking facilities shall consist of a minimum of a sink equipped that is connected to public potable water and sanitary sewer facilities, a stove or oven that has been designed and approved for interior use and a source of refrigeration that has been designed and approved for interior use and both of which are intended for the preparation and preservation of food for human consumption. Sanitary facilities shall consist of a minimum of a toilet, sink and shower or bathtub that are all connected to public potable water and sanitary sewer facilities.
(Code 1976, § 18.20.280) :::
::: {}
Sec. 42-156. Emergency service.
Emergency service means a service rendered to a customer that is unusual due to some type of urgent situation involving a motor vehicle and which requires services performed outside the building, but in no case takes more than 24 hours to complete.
(Code 1976, § 18.20.290) :::
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Sec. 42-157. Encroachment.
Encroachment means any fill, structure, building, accessory use, or development in the floodway.
(Code 1976, § 18.20.300) :::
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Sec. 42-158. Encroachment/floodway lines.
Encroachment/floodway lines means limits of obstruction to flood flows. These lines are on both sides of and generally parallel to the stream. The lines are established by assuming that the area landward (outside) of the encroachment lines will be ultimately developed in such a way that it will not be available to convey flood flows.
(Code 1976, § 18.20.310) :::
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Sec. 42-159. Equal degree of hydraulic encroachment.
Equal degree of hydraulic encroachment means the effect of any encroachment into the floodway must be computed by assuming an equal degree of hydraulic encroachment on the other side of a river or stream for a significant hydraulic reach. This computation ensures that property owners up, down or across the river or stream will have the same rights of hydraulic encroachment. Encroachments are analyzed on the basis of the effect upon hydraulic conveyance, not upon the distance the encroachment extends into the floodway.
(Code 1976, § 18.20.320) :::
::: {}
Sec. 42-160. Exercise studio.
Exercise studio means a facility for providing weight loss, physical fitness instruction, aerobics and related programs with or without the use of exercise equipment on the premises. An exercise studio shall not include activities such as basketball, tennis courts, racquetball courts or swimming pools. All activities shall be conducted indoors.
(Code 1976, § 18.20.325) :::
::: {}
Sec. 42-161. Family.
Family means an individual or two or more persons related by blood, marriage, or legal adoption living as a single housekeeping unit in a dwelling unit, including foster children, domestic servants, and not more than four roomers.
(Code 1976, § 18.20.340) :::
::: {}
Sec. 42-162. Family day care home.
Family day care home means a dwelling licensed as a day care center by the Department of Health and Social Services where care is provided for not more than eight children.
(Code 1976, § 18.20.345) :::
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Sec. 42-163. Fenestration.
Fenestration means the design and placement of windows in a building.
(Code 1976, § 18.20.350) :::
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Sec. 42-164. Flood or flooding.
Flood or flooding means a general and temporary condition of partial or complete inundation of normal dryland areas caused by one of the following conditions:
1The overflow or rise of inland waters;
2The rapid accumulation or runoff of surface waters from any source;
3The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.
(Code 1976, § 18.20.360) :::
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Sec. 42-165. Flood fringe.
Flood fringe means that portion of the floodplain outside of the floodway, which is covered by floodwater during the regional flood; it is generally associated with standing water rather than rapidly flowing water.
(Code 1976, § 18.20.370) :::
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Sec. 42-166. Flood hazard boundary map.
Flood hazard boundary map means a map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a flood insurance study and a flood insurance rate map.
(Code 1976, § 18.20.380) :::
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Sec. 42-167. Flood insurance rate map.
Flood insurance rate map (FIRM) means a map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.
(Code 1976, § 18.20.385) :::
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Sec. 42-168. Flood insurance study map.
Flood insurance study (FIS) a technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood insurance rate maps that accompany the flood insurance study form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.
(Code 1976, § 18.20.390) :::
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Sec. 42-169. Floodplain.
Floodplain means the land which has been or may be hereafter covered by floodwater during the regional flood. The floodplain includes the floodway and the flood fringe, and may include other designated floodplain areas for regulatory purposes.
(Code 1976, § 18.20.400) :::
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Sec. 42-170. Flood profile.
Flood profile means a graph or a longitudinal profile showing the relationship of the water surface elevation of a flood event to locations along a stream or river.
(Code 1976, § 18.20.410) :::
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Sec. 42-171. Floodproofing.
Floodproofing means any combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the purpose of reducing or eliminating flood damage to properties, water and sanitary facilities, structures and contents of buildings in flood hazard areas.
(Code 1976, § 18.20.420) :::
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Sec. 42-172. Flood protection elevation.
Flood protection elevation means an elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. Also see Freeboard.
(Code 1976, § 18.20.430) :::
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Sec. 42-173. Floodway.
Floodway means the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry and discharge the floodwater or flood flows associated with the regional flood.
(Code 1976, § 18.20.440) :::
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Sec. 42-174. Freeboard.
Freeboard means a factor of safety usually expressed in terms of a certain amount of feet above a calculated flood level. Freeboard compensates for the many unknown factors that contribute to flood heights greater than the height calculated. These unknown factors include, but are not limited to, ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of urbanization on the hydrology of the watershed, loss of flood storage areas due to development and aggradation of the river or stream bed.
(Code 1976, § 18.20.450) :::
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Sec. 42-175. Frontage.
Frontage means that portion of a lot abutting a public street or, in a planned unit development, abutting a private street.
(Code 1976, § 18.20.460) :::
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Sec. 42-176. Garage.
Garage means a building or portion thereof that is greater than 120 square feet in area and in which a motor vehicle containing gasoline, distillate, or other volatile flammable liquid in its tank may or may not be stored, prepared, or kept. A garage may also allow storage of other vehicles (including electric vehicles), tools, gardening equipment, or other vehicle or equipment that includes gasoline or other volatile flammable liquid in its tank.
(Code 1976, § 18.20.465) :::
::: {}
Sec. 42-177. Garage, attached.
Attached garage shall mean a garage which meets or exceeds one or more of the following:
1Attached directly to the principal building.
2Attached to the principal building by means of an enclosed or open breezeway, porch, terrace, or vestibule, constructed so as to form an integral part of the principal building.
3Constructed in the basement of the principal building.
4Situated less than five feet from any point of the principal building and/or attached deck.
5Situated so that any portion of any garage wall lies on or in front of an imaginary line extending across the lot (said line being five feet in back of and parallel to the closest rear wall of the principal building or attached deck), and at least one garage wall is less than ten feet from any other wall of the principal structure.
{width="2.6665in"
height="2.5417in"}
(Code 1976, § 18.20.466) :::
::: {}
Sec. 42-178. Garage, detached.
Detached garage means a garage entirely separated from the principal building and which meets or exceeds one or more of the following:
1Situated so that any portion of any garage wall lies on or to the rear of an imaginary line extending across the lot (said line being five feet in back of and parallel to the closest rear wall of the principal building or attached deck) and all other garage walls are ten feet (or five feet if a firewall is provided in accordance with the Wisconsin Uniform Dwelling Code) or more from any other wall of the principal building.
2Situated so that any portion of any garage wall lies on or in front of an imaginary line extending across the lot (said line being five feet in back of and parallel to the closest rear wall of the principal building or attached deck) and all other garage walls are ten feet (or five feet if a firewall is provided in accordance with the Wisconsin Uniform Dwelling Code) or more from any other wall of the principal building.
{width="3.3335in"
height="3.3055in"}
(Code 1976, § 18.20.467) :::
::: {}
Sec. 42-179. Gasoline dispensing station.
Gasoline dispensing station means a station dispensing gasoline and related automotive products.
(Code 1976, § 18.20.470) :::
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Sec. 42-180. Gasoline service station.
Gasoline service station means a station dispensing gasoline and related automotive products and, in addition, providing auto servicing and repairs in a service bay.
(Code 1976, § 18.20.480) :::
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Sec. 42-181. Green area.
Green area means that part of a parcel or lot that is permanently devoted to grass, trees, shrubs and similar natural aesthetic plantings.
(Code 1976, § 18.20.490) :::
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Sec. 42-182. Health club
Health club means a facility for providing fitness and recreational activities on-site, which may include, but is not limited to, basketball, tennis and racquetball courts, swimming pools, aerobics, weightlifting, bodybuilding and other similarly related activities.
(Code 1976, § 18.20.495) :::
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Sec. 42-183. Height.
Height refers to the height of a building and is measured from the ground level at the entrance to the building to the highest point of the roof.
(Code 1976, § 18.20.500) :::
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Sec. 42-184. Historic overlay district.
Historic Overlay District means an area designated by the City Council which contains one or more improvements or historic structures (also referred to as Historic District).
(Code 1976, § 18.20.510) :::
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Sec. 42-185. Historic structure.
Historic structure means any improvement which has historic significance as described in the intent and purpose of this article.
(Code 1976, § 18.20.520) :::
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Sec. 42-186. Hotel.
Hotel means a building containing a group of rooms for sleeping accommodations with bathroom and closet space and designed for use by transient tourists or temporary residents.
(Code 1976, § 18.20.530) :::
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Sec. 42-187. Hydraulic reach.
Hydraulic reach means that portion of the river or stream extending from one significant change in the hydraulic character of the river or stream to the next significant change. These changes are usually associated with breaks in the slope of the water surface profile, and may be caused by bridges, dams, expansion and contraction of the water flow, and changes in stream bed slope or vegetation.
(Code 1976, § 18.20.540) :::
::: {}
Sec. 42-188. Improvement.
Improvement means any building, erection, structure or appurtenance within an historic district and shall include, but is not limited to, the following: wall, fence, steps, paving, gate, sign, light, general arrangement of place or area, the kind of texture or quality of building material, landscaping or landscape architecture, or work of art which may be erected upon or proposed to be erected upon any specific real estate.
(Code 1976, § 18.20.550) :::
::: {}
Sec. 42-189. Kennel, animal.
Animal kennel means any premises, or portion thereof, where dogs, cats and other household pets are maintained, boarded, bred, or cared for, in return for remuneration, or kept for the purpose of sale.
(Code 1976, § 18.20.560) :::
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Sec. 42-190. Living area.
Living area means the gross floor area of living space within the principal building, excluding porches, decks, breezeways, garages, and basements, regardless of whether or not these areas are finished.
(Code 1976, § 18.20.565) :::
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Sec. 42-191. Lodging, rooming, or boarding room.
Lodging or boarding room means a room within a dwelling unit that is rented as a sleeping and living quarters, but without separate kitchen facilities and with or without an individual bathroom.
(Code 1976, § 18.20.570) :::
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Sec. 42-192. Lodginghouse, roominghouse, or boardinghouse.
Lodginghouse, roominghouse or boardinghouse means a dwelling unit in which the owner or principal resident provides rooming, boarding or lodging rooms to more than four occupants but fewer than 11 occupants, exclusive of the principal resident or residents of the dwelling unit as such are defined by Section 42-161 Family. Said occupants of a rooming, boarding or lodging house may or may not have access to common kitchen facilities or be provided with common meals with the primary occupant of the dwelling unit in which the rooming, boarding or lodging room is located.
(Code 1976, § 18.20.571) :::
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Sec. 42-193. Lot.
Lot means a parcel of land recorded for the purpose of transferring ownership.
(Code 1976, § 18.20.580) :::
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Sec. 42-194. Lot area.
Lot area means the area of a horizontal plane bounded by the front, side and rear lot lines.
(Code 1976, § 18.20.590) :::
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Sec. 42-195. Lot corner.
Corner lot means a lot that has at least two adjacent sides that abut for their full lengths upon a street provided that the interior angle at the intersection of such two sides is less than 150 degrees.
(Code 1976, § 18.20.600) :::
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Sec. 42-196. Lot depth.
Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
(Code 1976, § 18.20.610) :::
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Sec. 42-197. Lot, through.
Through, lot, means a lot having a pair of opposite lot lines along two more or less parallel public streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.
(Code 1976, § 18.20.620) :::
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Sec. 42-198. Manufactured home.
Manufactured home means any of the following:
1A structure that is designed to be used as a dwelling with or without a permanent foundation and that is certified by the Federal Department of Housing and Urban Development as complying with the standards established under 42 USC 5401 to 5425.
2A mobile home, unless a mobile home is specifically excluded under the applicable statute.
(Code 1976, § 18.20.622) :::
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Sec. 42-199. Microbrewery.
Microbrewery means a place of business licensed by the State of Wisconsin to operate as a brewery and operated for the production of not more than 60,000 barrels of fermented malt beverages annually and the sale of said beverages for on-site consumption or in sealed containers for consumption off-site.
(Code 1976, § 18.20.624) :::
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Sec. 42-200. Migrant labor contractor.
Migrant labor contractor means any person, who, for a fee or other consideration, on behalf of another person, recruits, solicits, hires, or furnishes migrant workers, excluding members of the contractor's immediate family, for employment in the State of Wisconsin. The term "migrant labor contractor" shall not include an employer or any full-time regular employees of an employer who engages in any such activity for the purpose of supplying workers solely for the employer's own operation.
(Ord. No. 2019-769, § II(18.20.626), 10-14-2019) :::
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Sec. 42-201. Migrant labor housing.
Migrant labor housing means the site and all structures maintained as living quarters by, for or under the control and supervision of any person for:
1Any migrant worker; or
2Any other person who is not related by blood, marriage, or adoption to his or her employer and who occasionally or habitually leaves an established place of residence to travel to another locality to accept seasonal employment in the planting, cultivating, raising, harvesting, handling, drying, packing, packaging, processing, freezing, grading, or storing of any agricultural or horticultural commodity in its unmanufactured state.
(Ord. No. 2019-769, § II(18.20.627), 10-14-2019) :::
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Sec. 42-202. Migrant worker.
Migrant worker means any person who temporarily leaves a principal place of residence outside of this state and comes to the State of Wisconsin for not more than ten months in a year to accept seasonal employment in the planting, cultivating, raising, harvesting, handling, drying, packing, packaging, processing, freezing, grading, or storing of any agricultural or horticultural commodity in its unmanufactured state.
(Ord. No. 2019-769, § II(18.20.628), 10-14-2019) :::
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Sec. 42-203. Mini-warehouse.
Mini-warehouse means a building containing separate storage spaces of varying sizes leased or rented for the storage of customers' goods.
(Code 1976, § 18.20.625; Ord. No. 2019-769, § I(18.20.629), 10-14-2019) :::
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Sec. 42-204. Mobile home.
Mobile home means a transportable, factory built home, designed to be used as a year-round residential dwelling and which:
1Was built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976; and/or
2Regardless of when built, is not in conformance with said Act.
(Code 1976, § 18.20.630) :::
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Sec. 42-205. Mobile home court.
Mobile home court means an area planned to accommodate a group of mobile and/or manufactured homes and their accompanying facilities.
(Code 1976, § 18.20.640) :::
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Sec. 42-206. Mobile home lot.
Mobile home lot means a lot within a mobile home court designated for the exclusive use of a single mobile or manufactured home.
(Code 1976, § 18.20.650) :::
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Sec. 42-207. Mobile home stand.
Mobile home stand means that part of a mobile home lot which has been reserved and designed to support and anchor a mobile home with appurtenant structures or additions to the mobile home.
(Code 1976, § 18.20.660) :::
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Sec. 42-208. Motel.
Motel means a building or buildings consisting of a group of rooms for sleeping accommodations with bathroom and closet space and designed for use by transient tourists.
(Code 1976, § 18.20.670) :::
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Sec. 42-209. Motor inn.
For a definition of the term "motor inn," see Motel.
(Code 1976, § 18.20.680) :::
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Sec. 42-210. Navigable waters.
Navigable waters means all lakes, streams, ponds, sloughs, flowages and other waters which are navigable under the laws of the state. Under Wis. Stats. § 144.26(2)(d), notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under Wis. Stats. § 62.231, and NR 117, Wis. Admin. Code, do not apply to lands adjacent to farm drainage ditches if;
1Such lands are not adjacent to a natural navigable stream or river;
2Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and
3Such lands are maintained in nonstructural agricultural use.
(Code 1976, § 18.20.685) :::
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Sec. 42-211. Nonconforming structure.
Nonconforming structure means an existing lawful structure or building which is not in conformity with the dimensional or structural requirements or other standards of this chapter.
(Code 1976, § 18.20.689) :::
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Sec. 42-212. Nonconforming use.
Nonconforming use means any use of land, buildings, or structures which does not comply with all the regulations of this article or of any amendment hereto governing use for the zoning district in which such use is located.
(Code 1976, § 18.20.690) :::
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Sec. 42-213. Nursery school.
For a definition of the term "nursery school," see Day care center.
(Code 1976, § 18.20.700) :::
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Sec. 42-214. Nursing home.
For a definition of the term "nursing home," see Convalescent home ornursing home.
(Code 1976, § 18.20.710) :::
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Sec. 42-215. Official floodplain zoning map.
Official floodplain zoning map means that map, adopted and made part of the Floodplain Overlay District, as described in Section 42-478(b), which has been approved by the Department of Natural Resources and FEMA.
(Code 1976, § 18.20.719) :::
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Sec. 42-216. Official letter of map amendment.
Official letter of map amendment means official notification from the Federal Insurance Administration Office of FEMA that a flood hazard boundary map or flood insurance study map has been amended. This official letter does not amend the floodplain zoning map for regulation purposes.
(Code 1976, § 18.20.720) :::
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Sec. 42-217. Open space.
Open space means that part of a parcel or lot which is open to the sky and which is unoccupied by buildings, or structures. However, swimming pools, tennis courts, or similar recreational facilities and walks, off-street parking spaces or other similar uses are permitted in required open space.
(Code 1976, § 18.20.730) :::
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Sec. 42-218. Open storage lot.
Open storage lot means an unroofed area upon which are kept any goods, materials, merchandise, product, vehicles and other items.
(Code 1976, § 18.20.733) :::
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Sec. 42-219. Ordinary high water mark.
Ordinary high water mark means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance or aquatic vegetation, or other easily recognized characteristic.
(Code 1976, § 18.20.740) :::
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Sec. 42-220. Outdoor cafe.
Outdoor cafe means a place of business or an accessory business activity being operated for the sale and purchase at retail of food, refreshments or beverages which is laid out to allow its patrons to be served on the premises and outside any completely enclosed structure. The term "outdoor cafe" shall not include drive-in establishment.
(Code 1976, § 18.20.742) :::
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Sec. 42-221. Person.
Person means any individual, firm, trust, partnership, association or corporation.
(Code 1976, § 18.20.750) :::
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Sec. 42-222. Planned unit development (PUD).
Planned unit development (PUD) means a parcel of land having an area as required in the district regulations under common management and single ownership control or under condominium ownership pursuant to Wis. Stats. ch. 703 and which is the site for one or more buildings and where yard requirements as required by district regulations may be modified as regulated by this article.
(Code 1976, § 18.20.760) :::
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Sec. 42-223. Public view.
Public view means any view from a street, site, way or building and shall include the visual perspective from any adjoining or abutting property to an Historic Overlay District or to an improvement within an Historic Overlay District.
(Code 1976, § 18.20.770) :::
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Sec. 42-224. Reach, hydraulic.
For a definition of the term "reach, hydraulic," see Hydraulic reach.
(Code 1976, § 18.20.780) :::
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Sec. 42-225. Regional flood.
Regional flood means a flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one-percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE.
(Code 1976, § 18.20.790) :::
::: {}
Sec. 42-226. Residential shelter care facility.
Residential shelter care facility means a dwelling unit in which short-term occupancy (not exceeding 60 days) may be provided as a service to multiple related or unrelated individuals in need of emergency shelter, sustenance and other support services. Such facilities shall be run as not-for-profit operations. They are intended to principally serve clients, including, but not limited to, the homeless, persons seeking immediate refuge from violence or abuse, persons rendered shelterless by natural disasters or calamity or other persons that by some atypical circumstance have been displaced from their normal or permanent residence. Residential shelter care facilities are not intended to provide transitional housing or accommodate licensed communal living arrangements, including, but not limited to, group homes, foster homes or community based residential facilities.
(Code 1976, § 18.20.793) :::
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Sec. 42-227. Roadside stand.
Roadside stand means a temporary structure which is not permanently affixed to the ground, is readily removable in its entirety, and is used solely for the display or sale of farm products, or Christmas trees.
(Code 1976, § 18.20.800) :::
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Sec. 42-228. Screening.
Screening means a hedge, wall or fence that provides a visual separator and physical barrier from abutting property.
(Code 1976, § 18.20.810) :::
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Sec. 42-229. Seasonal merchandise.
Seasonal merchandise means merchandise which is sold only part of the year during one of the four seasons; winter, spring, summer, or fall. The term "seasonal merchandise" shall include firewood, Christmas trees, fruits and vegetables, soda, outdoor plants, topsoil, garden fertilizer, ornamental stone, charcoal, mulch, lawnmowers, rototillers, bicycles, wading pools, lawn furniture and other similar items. Seasonal merchandise shall not include products such as package food or other packaged products, furniture, clothing or other similar merchandise or products permitted to be prepared and/or offered for sale under non-motorized vendor cart or motorized vendor truck regulations.
(Code 1976, § 18.20.815) :::
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Sec. 42-230. Service building.
Service building, for travel trailer camps, means a building housing toilet and bathing facilities for men and women which may also include laundry and other facilities. The term "service building," for mobile home courts, means a building providing adequate space for storage of court grounds maintenance equipment.
(Code 1976, § 18.20.820) :::
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Sec. 42-231. Sheltered workshops.
Sheltered workshop means a building where supervised instruction and training in a work environment is provided to disabled or disadvantaged individuals. In addition, vocational and personal development services are provided. The work may include assembly, packaging and other related production or servicing activities.
(Code 1976, § 18.20.825) :::
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Sec. 42-232. Shorelands.
Shorelands means lands within the following distances from the ordinary high water mark of navigable waters:
11,000 feet from a lake, pond or flowage; or
2300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.
(Code 1976, § 18.20.828) :::
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Sec. 42-233. Single-family dwelling.
Single-family dwelling means a detached building designed for and occupied exclusively by one family. The term "single-family dwelling" includes a manufactured home.
(Code 1976, § 18.20.829) :::
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Sec. 42-234. Site.
Site means any parcel of real estate whether improved or unimproved.
(Code 1976, § 18.20.830) :::
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Sec. 42-235. Special tent sale.
Special tent sale means a marketing activity where product not meeting the definition of "seasonal merchandise" may be displayed and/or offered for sale.
(Code 1976, § 18.20.835) :::
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Sec. 42-236. Storage capacity of a floodplain.
Storage capacity of a floodplain means the volume of space above an area of floodplain land that can be occupied by floodwater of a given stage at a given time, regardless of whether the water is moving.
(Code 1976, § 18.20.840) :::
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Sec. 42-237. Structural alteration.
Structural alteration means any change other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.
(Code 1976, § 18.20.850) :::
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Sec. 42-238. Structure.
Structure means anything constructed or erected, the use of which requires a more or less permanent location or which is attached to something having a permanent location on or in the ground, a stream bed or lake bed.
(Code 1976, § 18.20.860) :::
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Sec. 42-239. Substantial improvement.
Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the present equalized assessed value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. The term "substantial improvement" does not, however, include either:
1Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions; or
2Any alteration of a structure or site documented as deserving preservation by the Wisconsin State Historical Society or listed on the National Register of Historic Places.
Ordinary maintenance repairs are not considered structural repairs, modifications, or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components.
(Code 1976, § 18.20.870) :::
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Sec. 42-240. Temporary structure.
Temporary structure means a structure which is built of such materials and in such a way that it would commonly be expected to have a relatively short useful life, or is built for a purpose that would commonly be expected to be relatively short term.
(Code 1976, § 18.20.880) :::
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Sec. 42-241. Through lot.
For a definition of the term "through lot," see Lot, through.
(Code 1976, § 18.20.890) :::
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Sec. 42-242. Travel trailer.
Travel trailer means a vehicular portable structure designated as a temporary dwelling for travel, recreational, and vacation use. Such travel trailer does not exceed eight feet in width. The definition of the term "travel trailer" includes motor homes.
(Code 1976, § 18.20.900) :::
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Sec. 42-243. Travel trailer camp.
Travel trailer camp means any plot of ground which two or more travel trailers occupy for temporary dwelling regardless of whether or not a charge is made for such accommodations.
(Code 1976, § 18.20.910) :::
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Sec. 42-244. Use.
Use means the purpose or activity for which the land or building thereon is occupied or maintained.
(Code 1976, § 18.20.920) :::
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Sec. 42-245. Use, conditional.
For a definition of the term "use, conditional," see Conditional use.
(Code 1976, § 18.20.930) :::
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Sec. 42-246. Utilities.
Utilities means any public or private water supply, or waste collection and/or disposal system, including, but not limited to, septic systems, private and public wells, and their attendant facilities, and public sewage collection systems.
(Code 1976, § 18.20.940) :::
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Sec. 42-247. Wetlands.
Wetlands means those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.
(Code 1976, § 18.20.950) :::
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Sec. 42-248. Wetland alteration.
Wetland alteration means any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.
(Code 1976, § 18.20.960; Ord. No. 80-208, § l(part), 1981) :::
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Secs. 42-249---42-268. Reserved.
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ARTICLE VII. PROCEDURES
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Sec. 42-269. Occupancy certificates.
No certificate of occupancy under Chapter 10 shall be issued unless the intended use of the property complies with the applicable provisions of this article.
(Code 1976, § 18.24.010) :::
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Sec. 42-270. Zoning Board of Appeals.
aAuthority. Wis. Stats. § 62.23(7)(e) is adopted by reference.
bAppeals.
1Scope of appeals. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by any officer or department of the City affected by any decision of the administrative official. Such appeal shall be taken within 30 days after such order or decision as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Zoning Board of Appeals a notice of appeal specifying the grounds thereof. The Administrative Official shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
2Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the Building Division Director certifies to the Zoning Board of Appeals, after the notice of appeal has been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the Building Division Director, and on due cause shown.
3Notice of hearing. The Zoning Board of Appeals shall fix a reasonable time, but in no case longer than 90 days, for the hearing of the appeal. Notice of the time, place and purpose of such hearing shall be given by publication as a Class 1 notice under the Wisconsin Statutes in the official city newspaper. Notice of the time, place and purpose of such hearing shall also be sent by regular mail to the applicant, the Building Division Director, the City Planner, and the owners of record, as listed in the Office of the City Assessor, who are owners of property adjoining the property affected by any appeal. The notice shall be sent at least ten days prior to the date of such public hearing.
4Findings and decision of the Zoning Board of Appeals. The Zoning Board of Appeals shall make findings and shall render a decision on the appeal within a reasonable time, but in no case longer than 90 days. The Board, upon the concurring vote of four members, may reverse wholly or partly, or may modify the order, requirements, decision or determination as ought to be made, and to that end shall have all the powers of the Building Division Director and may issue or direct the issue of a permit.
cVariances.
1Authority to grant variances. The Zoning Board of Appeals, after a public hearing, may vary the regulations of this article, but such variance must be in harmony with the general purpose and intent of this article and may be granted only when the Board determines that the literal enforcement of the provisions of the title will result in practical difficulty or unnecessary hardship.
2Application for variance and notice of hearing. An application for a variance shall be filed with the Zoning Board of Appeals. The application shall contain such information as the Zoning Board of Appeals may from time to time by rule provide. After the filing of such application, a public hearing shall be held by the Zoning Board of Appeals on such application. Notice of the time, place and purpose of such hearing shall be given by publication as a Class 1 notice under the Wisconsin Statutes in the official City paper. Notice of the time, place, and purpose of such hearing shall also be sent by regular mail to the applicant, the Building Division Director, the City Planner and the owners of record as listed in the Office of the City Assessor who are owners of property adjoining the property affected. Said notice shall be sent at least ten days prior to the date of such public hearing.
3Standards for variance.
a. The Zoning Board of Appeals may upon appeal in specific cases authorize such variance from the terms of the title as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of the title will result in practical difficulty or unnecessary hardship, so that the spirit of the title shall be observed, public safety and welfare secured, substantial justice done.
b. The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to reduce or minimize the injurious effect of such variance upon other property in the neighborhood, and to better carry out the general intent of this article.
4Authorized variances. Variances shall be granted by the Zoning Board of Appeals only in accordance with the standards set forth in Subsection (c)(3) of this section and may be granted only in the following instances:
a. To permit any yard or setback less than the yard or setback required by the applicable regulations;
b. To permit a use of a lot or lots that is otherwise prohibited solely because of the insufficient area or width of the lot or lots, but only when the respective area and width of the lot or lots is at least as great as required in the zoning district of the same category most immediately less restrictive than the subject district. For this purpose, residence, office/residence, business and industrial are separate categories of districts;
c. To permit off-street parking and loading standards that are less than required by this article;
d. To allow an increase of from one to 40 percent in the maximum distance that required parking spaces are permitted to be located from the use served;
e. To allow the reduction or elimination of area or dimensional requirements and the reduction or elimination of standards.
(Code 1976, § 18.24.020) :::
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Sec. 42-271. Amendments.
aAuthority. The regulations, restrictions and boundaries set forth in this article may from time to time be amended, supplemented, or repealed; provided, however, that no such action may be taken until after a public hearing is held by the City Council in the manner set forth in Wis. Stats. § 62.23(7).
bInitiation of amendment. Amendments may be proposed by the City Council, the Plan Commission, the Zoning Board of Appeals, or any interested person or organization.
cApplication and hearing on amendment. All applications for an amendment shall be filed with the City Planner, together with the review fee as required in Section 42-277. Such application shall be forwarded to the City Council for its referral to the Plan Commission. The Plan Commission may hold a public hearing at its discretion and shall report its findings and make recommendation to the City Council. The City Council, only after receiving such recommendation from the Plan Commission, shall hold a public hearing on the application. However, if the Plan Commission does not so report and recommend within 60 days of the submission of the application, the City Council may proceed to hold the public hearing and consider the application.
dNotification of a proposed amendment to the zoning district map.
1Notification of a Plan Commission or City Council hearing shall be by written notice and sent to the specified property owners not less than ten days prior to the scheduled date of the public hearing.
2The Planning Division shall be responsible for the notification of all property owners:
a. Within the boundaries of those lands being considered for any zoning district change;
b. Within 400 feet of the boundaries of those lands being considered for a zoning change.
3Such notification shall be made by regular mail and shall be addressed by name to the property owners as recorded in the property tax assessment rolls.
a. The letter of notification of a Plan Commission or City Council public hearing shall include the following:
1. The date, time and place of the public hearing on the subject rezoning;
2. The present and the proposed zoning;
3. A description or address of the property for which the zoning is proposed;
4. The name and address of the party or parties requesting the proposed zoning, and at their option, a statement as to the intended or planned use of the property;
5. An invitation to attend the public hearing.
b. A map of the proposed area to be rezoned shall be included with each notification.
(Code 1976, § 18.24.030) :::
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Sec. 42-272. Conditional uses.
aPurpose. The development and execution of this article is based upon the division of the City into districts within which the use of land and buildings and the height and location of buildings and structures in relation to the land are substantially compatible. However, there are certain uses that, because of their unique or varying characteristics, cannot be allowed as a permitted use in a particular district without consideration in each case of the impact of such use upon neighboring land and of the public need for the particular use of the particular location.
bApplication for conditional use. An application for a conditional use permit shall be filed with the City Planner on a form prescribed by the City Planner, accompanied with the required fee. The application shall be accompanied by such plans and information as are required by the site plan review in Section 42-273(d) and shall include a statement in writing by the applicant and evidence showing that the proposed conditional use shall conform to the standards set forth in Subsection (s) of this section.
cSite plan review. An application for a conditional use permit shall be referred to the Site Plan Review Committee. The Site Plan Review Committee shall within 15 days of such referral make a recommendation to the Plan Commission.
dHearing on application. Upon receipt of the application and other material referred to in Subsection (b) of this section, the Plan Commission shall hold a public hearing on the application for a conditional use at such time and place as shall be established by such commission.
eNotice of hearing. Notice of the time, place and purpose of such hearing shall be given as a Class 2 notice under the Wisconsin Statutes in the official City paper. Notice of time, place and purpose of such public hearing shall also be sent to the applicant and to the property owners as recorded in the property tax assessment rolls within 400 feet of the subject site, said notice to be sent by regular mail at least ten days prior to the date of such public hearing.
fPlan Commission Review. The Plan Commission, after a public hearing, shall, within a reasonable time, not to exceed 90 days, grant or deny any application for a conditional use. Failure to act shall constitute denial of the request. Prior to the granting of a conditional use, the Commission shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.
gStandards. No application for a conditional use shall be granted unless the Plan Commission finds:
1That a recommendation has been made by the Site Plan Review Committee;
2That the uses, values, and enjoyment of other property in the neighborhood for purposes already permitted shall not be substantially impaired or diminished by the establishment, maintenance or operation of the conditional use;
3That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
4That adequate utilities, access roads and drainage have been or are being provided;
5That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the streets;
6That the site for the proposed use is adequate in size and shape to accommodate the use;
7That the conditional use shall conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Plan Commission;
8That any large-scale development complies with the standards of Article XI of this chapter.
hConditions. The following conditions shall apply to all conditional uses:
1Prior to the granting of any conditional use, the Plan Commission may require such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as it deems necessary to promote the public interest, and to secure compliance with the standards and requirements specified in Subsection (g) of this section.
2No alteration of a conditional use shall be permitted unless approved by the Plan Commission, except that the Building Division Director may issue permits for minor alterations or additions which are approved, by the City Planner, and are compatible with the concept approved by the Plan Commission and the standards in Subsection (g) of this section. This subsection shall not apply to additions or alterations to two-family dwellings within an R1 or R2 District if the addition complies with all zoning ordinance standards of the district.
iRevocation and extension. In any case where a conditional use has not been established within one year after the date of issuance of the permit, then without further action by the Plan Commission and without notice to the applicant, the conditional use permit shall become null and void unless substantial building construction has commenced. However, the permit holder may apply to the Plan Commission for an extension of this time requirement. The Plan Commission may, in its discretion, grant, deny, condition or modify such time extension request, but such extension shall not exceed one year. If a conditional use permit becomes void under the provisions of this section, the City Planner shall remove such permit from the official zoning district map.
jApplicability. For any use in existence at the time of adoption of the ordinance codified in this chapter, which becomes a conditional use because of the adoption of the ordinance codified in this chapter, such use shall be deemed to be a permitted conditional use and shall be granted a conditional use permit by the Plan Commission or, for mobile home courts or travel trailer camps, the City Council. Application for a conditional use permit and a hearing before the Plan Commission for City Council shall not be required for conditional use permits under this subsection and such permit shall be deemed to have been granted upon adoption of the ordinance codified in this chapter.
kDiscontinuance of conditional use. In any case where an established conditional use is discontinued for a period of one year, then without further action by the Plan Commission and without notice to the permit holder, the conditional use permit shall become null and void. If a conditional use permit becomes void under the provisions of this section, the City Planner shall remove such permit from the official zoning district map.
(Code 1976, § 18.24.040) :::
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Sec. 42-273. Site plan review.
aPurpose of applicability.
1The purpose of site plan review is to promote the orderly development of the City, the stability of land values and the general welfare by reviewing plans and making recommendations on new uses or changes of use.
2Site plan review shall be required for all new or conditional uses or changes of use applications. However, site plan review shall not be required for new one-family or two-family dwelling units.
bSite Plan Review Coordinator. A Site Plan Review Coordinator shall carry out the duties hereinafter specified. All prior actions taken by, and all references and duties previously assigned to, the Site Plan Review Committee shall be the responsibility of the Site Plan Review Coordinator.
cReferrals for Building Division Director, City Planner, or other Administrative Officials. All applications for building permits and conditional use permits for which site plan review is required shall be referred by the official receiving the same to the Site Plan Review Coordinator for review and recommendation to the applicant, and either to the Building Division Director or to the Plan Commission as this chapter specifies.
dRequired information and materials. Sufficient plans, material lists and specifications for all site and exterior building improvements shall be submitted for each application referred to the Site Plan Review Coordinator to evidence compliance with the standards of this chapter. Failure to submit sufficient evidence of compliance may be grounds for denial of plan approval by the Site Plan Review Coordinator. Said plans, material list and specifications shall include, but are not limited to, the following items:
1Site plan drawn to at least a scale of one inch equals 50 feet and indicating clearly and with dimensions, the following information:
a. All property lines and parcel dimensions;
b. Existing and proposed buildings and structures: location, size, height and proposed uses;
c. Walls, fences, plantings, open space, green area: location, height and materials;
d. Off-street parking: location, number of spaces and dimensions of parking areas, and circulation patterns;
e. Points of ingress and egress showing widths of planned and existing curb openings at property and curbline;
f. Off-street loading: location and dimensions and delineating through the use of turning path templates that the proposed loading area is of sufficient size to accommodate the intended vehicles delivering goods to the site;
g. Location of trash containers: dimensions and type of screening;
h. Signs: location, type, size, materials and lighting;
i. Lighting: location, type and hooding devices and a photometric analysis indicating that the proposed illumination levels are consistent with the zoning standards;
j. Street dedications and improvements, if any;
k. Grading and drainage;
l. Any such other data as may be required to permit the Building Division Director or Plan Commission to make their required findings.
m. For parcels with area included in the Shoreland-Wetland Overlay District as regulated in Article XV of this chapter, the following additional information shall be included:
1. Location of the ordinary high water mark of any abutting navigable waterways;
2. Boundaries of all wetlands as determined from Wisconsin Wetlands Inventory Maps;
3. Existing and proposed topographic and drainage features and vegetative cover;
4. Location of floodplain and floodway limits on the property as determined from floodplain zoning maps; and
5. Specifications and dimensions for areas of proposed wetland alteration.
2Architectural drawings or sketches indicating building floor plans and the exterior elevations of the buildings or structures under consideration and the proposed exterior building materials and colors.
eAction by Site Plan Review Coordinator. The Site Plan Review Coordinator shall act on such applications within 15 days of the time such applications are submitted to the responsible official unless a longer time is agreed to by the applicant. The Coordinator shall determine from the reports and data submitted, whether the use and structures will meet the requirements of this chapter and shall, upon making a positive finding, recommend approval to the Building Division Director or Plan Commission. If the Coordinator finds that requirements of this chapter would not be secured, he or she shall recommend disapproval or approval subject to specified conditions to the Building Division Director or Plan Commission. Upon request of the applicant, the Site Plan Review Coordinator shall provide in writing the reasons for disapproval. The Site Plan Review Coordinator shall have authority to make discretionary decisions as specifically provided in this chapter.
fAppeals. If the Site Plan Review Coordinator denies 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 Division within 30 days following the Site Plan Review Coordinator's determination or be forever barred. The Plan Commission may affirm, overrule or modify a decision of the Site Plan Review Coordinator.
(Code 1976, § 18.24.050; Ord. No. 80-208, § l(part), 1981) :::
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Sec. 42-274. Planned unit developments.
aPurpose. Planned unit developments are permitted in order to encourage and provide a means of effectuating desirable development and to promote improved environmental design by allowing for greater freedom, imagination, and flexibility in the development of land while ensuring substantial compliance to the basic intent of the zoning ordinance and comprehensive plan. It is further intended to encourage more economical and efficient development of land with relationship to public services and to facilitate preservation of open land.
1Residential planned unit development. A residential planned unit development is created to offer:
a. Recreational opportunities close to home;
b. A sense of spaciousness through the preservation of natural green spaces to counteract the effects of urban monotony and congestion in the streets;
c. Cooperative relationships between neighbors and participation by all age groups in the use and care of local open space tracts;
d. Compatible architecture between adjoining dwellings or institutional buildings;
e. Placement of structures in proper relationship to the natural characteristics of the site.
2Business or office/residence planned unit developments. A business or office/residence planned unit development is created to offer:
a. Adequate off-street parking;
b. Controlled access points on heavily traveled streets;
c. Separation of pedestrian and automobile traffic;
d. Stabilizing of property values;
e. Centers of size and location compatible with the market potential;
f. Buffering of adjoining residential areas with landscaped green spaces and encouragement of harmonious architecture between adjoining commercial and office structures and between dwellings and commercial and office structures.
3Industrial planned unit development. An industrial planned unit development is created:
a. To promote the establishment of industrial parks;
b. To permit groups of industrial buildings with integrated design and a coordinated physical plan;
c. To buffer adjoining residential areas with landscaped green areas.
4Traditional neighborhood planned unit development. Pursuant to Wis. Stats. § 66.1027(2) and a document entitled as "A Model Ordinance for Traditional Neighborhood Development," dated December, 2000, and published by the University of Wisconsin Extension, a traditional neighborhood planned unit development is created:
a. To form and encourage compact, mixed-use neighborhoods;
b. To include residential, commercial or civic buildings (including parks and open space) in close proximity to each other;
c. To promote pedestrian scale development;
d. To provide and encourage multiple modes of circulation, including vehicular, bicycle and pedestrian traffic;
e. To address environmentally sensitive areas and adapt development to be harmonious with such land.
bProcedure and application.
1Preapplication conference. Each applicant shall first confer with the City Planner and interested department heads in connection with the preparation of the planned unit development application. It shall be the City Planner's responsibility to contact affected department heads for the joint meeting. The applicant shall produce general outlines of the proposal. The City Planner shall assist the applicant prior to preparing the preliminary planned unit development and rezoning application, if necessary.
2Preliminary development plan.
a. Site plan review. Upon application for approval of the preliminary development plan, the City Planner shall first refer the application to the Site Plan Review Coordinator accompanied by one scaled print of site plans, the preliminary subdivision plat or a certified survey map, and other documents as required in Section 42-273 and in Subsection (b)(2)b of this section. The Site Plan Review Coordinator, shall within 15 days of receipt of such application, make recommendations to the applicant and to the Plan Commission.
b. Plan Commission review. Upon receiving the recommendation of the Site Plan Review Coordinator, the applicant shall submit five scaled copies and one reproducible reduction of the preliminary development plan and surveys and other documents required by this chapter to the City Plan Commission for its consideration.
1. Maps required. Any preliminary development plan and text agreement shall be prepared and endorsed by a qualified urban planner, registered professional engineer, or registered architect and shall include required information presented in a general schematic fashion on a topographic map with a scale of at least one inch equals 50 feet.
2. The map shall include the following:
iProposed land uses, dwelling densities, population densities, parcel size, building intensities, green area and off-street parking;
iiProposed circulation patterns indicating both public and private streets, walkways, and curb and gutter;
iiiA general landscaping and grading plan;
ivDelineation of the units to be constructed in progression if any;
vRelation to future land uses in surrounding areas and to the land use plan;
viEvidence that the proposal is in conformance with the general plan of the City;
viiEvidence that existing and proposed utilities are adequate;
viiiEvidence that the street patterns are sufficient to support the projected traffic generation for the site and surrounding streets;
ixProposed zoning districts and legal description for each zoning classification;
xExamples of the architectural styles to be used throughout the development.
c. Plan Commission approval. The Plan Commission shall, after holding a public hearing in accord with provisions of Section 42-271, map amendments (if necessary), and Section 42-272, conditional uses, either approve, conditionally approve, or reject the preliminary plan application. If rejected, the applicant may request, and the secretary of the Plan Commission shall provide in writing, the reasons for rejection. If the application is approved, the Plan Commission shall make findings that:
1. The surrounding area can be compatibly planned and zoned;
2. The PUD is in conformance with the general plan of the City; and
3. The existing and proposed utilities are adequate.
Approval or conditional approval of the preliminary development plan and map amendment (if necessary) by the Plan Commission shall entitle the applicant to prepare the final development plan in accord with the conditions of approval of the preliminary development plan. Where the Plan Commission has approved a preliminary development plan, such approval shall become null and void if the final development plan has not been submitted within 12 months of the date of the Plan Commission's action. At its discretion, and for good cause, the Plan Commission may extend the approval period no more than six months. If a map amendment is necessary, the City Council must approve the amendment before a final development plan is submitted.
3Final development plan. Upon approval of the preliminary development plan by the Plan Commission, and if necessary, the map amendment by the City Council, the applicant may apply to the Plan Commission for approval of the final development plan by submitting an application for a conditional use permit for a planned unit development accompanied by the required fee and by filing with the City Planner the following items:
a. Survey required. Six scaled prints and one reproducible reduction of the final plat or certified survey map of the boundary of the planned unit development shall be submitted.
b. Text agreement. A text agreement shall accompany the final development plans. The agreement shall describe the responsibilities and services of the owner/developer as it relates to maintenance and construction of the planned unit development. Such agreement shall be recorded with the final development plans.
c. Final development plans. Six scaled prints and one reproducible reduction of the final development and one reproducible reduction of the final development plan and titled on each sheet as such and drawn to a scale of at least one inch equals 50 feet showing:
1. Existing features map. A map that depicts existing features of the property, including specimen trees, streams, rock formations, structures, streets, easements, sewers, utilities, walkways, and curb and gutter;
2. Site plan. A map that depicts the location and proposed sites of all structures, roads, parking lots and driveways, loading or service areas, walkways, curb and gutter, and a table giving a breakdown of areas of the site, green area, open space, number of dwelling units, density and a schedule of progression of phased construction;
3. Landscaping plan. A map showing the proposed landscaping of the entire site, showing spacing, size and specific types of landscaping material and treatment of recreation areas, see also Section 42-274(d), environmental design;
4. Grading plan. A map indicating existing and proposed contours drawn to a two-foot contour interval, see also Section 42-274(d), environmental design;
5. Utilities plan. A map showing location and size of utility service lines for water, storm, and sanitary sewers, electrical, telephone, and cable television service;
6. Zoning plan. For planned unit development incorporating modified development standards, multiple-family and/or neighborhood commercial zoning classification, a map showing the multiple-family and/or neighborhood commercial zoning boundaries, and proposed minimum development regulations shall be submitted;
7. Architectural plan. Illustrations showing the specific architectural styles, including building elevations to be incorporated in the development. The type of materials proposed for each building shall also be provided.
d. Approval of final development plan. Approval of final development plan and the text agreement shall be by the granting of a conditional use permit by the Plan Commission. If any dedication of land to the public is shown on the certified survey, which is part of the final development plan, such survey must first be approved by the City Council before the Plan Commission may grant the conditional use permit. Before the Plan Commission may grant the conditional use permit for any final plat, such plat must first be approved by the City Council.
e. Recording of final development plan. The applicant shall record with the Register of Deeds of Rock County, Wisconsin, the certified survey or subdivision plat, deeding to the City those lands and easements shown on the survey or plat, if any; a statement that the land is to be developed as a planned unit development as approved by the Plan Commission of the City; the text agreement required in Section 42-274(b)(3)b; and the final development plan, including all the items required in Section 42-274(b)(3)c.
f. Revocation and extension of permit. If no substantial construction has begun within 12 months from the approval of the PUD then without further action the conditional use permit shall become null and void. The permit holder may apply to the Plan Commission for an extension of this time requirement. In its discretion and for good cause, the Plan Commission may extend, for a reasonable time, not to exceed one year, the period for the beginning of construction. If a conditional use permit becomes void under the provisions of this section, the City Planner shall remove such permit from the official zoning district map and the Building Division Director shall file a notice of revocation with the recorded final development plan. The City Council may rezone the property back to its original zoning classification. The zoning regulations applicable before the development was approved shall then be in effect.
g. Amendments to the final development plan. Minor changes in the location, siting, height of buildings and structures may be authorized by the Site Plan Review Coordinator if required by engineering or other circumstances not foreseen at the time the final development plan was approved. Major changes such as changes of use, increased density, reduction of green area, open space, off-street parking or pavement widths may be authorized by the Plan Commission without an additional public hearing after a report of the planning staff and recommendation by the Site Plan Review Coordinator. Any changes in the final plan which are approved must be recorded as amendments in accordance with the procedures for recording the final development plan.
cDesign standards.
1Parcel size. Planned unit developments shall be established on parcels of land which are suitable for and of sufficient size to allow for a mixture of housing types, adequate open spaces, appropriate recreational facilities, separate vehicular facilities, and pedestrian circulation systems. The contiguous land area of each PUD shall be at least two acres in size except that the Plan Commission may, at its discretion, reduce this requirement to one acre. For a traditional neighborhood planned unit development, the minimum area shall be at least 40 acres in size, except that the Plan Commission may at its determination, reduce this requirement to 20 acres if the site is defined by a significant physical feature including, but not limited to a greenbelt, large park space, woodland area, drainage creek, river or state or federal highway.
2Green area.
a. Green area for residential planned unit developments. The green area requirement for residential planned unit developments shall be the same as that required in the underlying zoning district. Such area shall be used for recreational, park or environmental amenity for collective enjoyment by occupants of the development, but shall not include buildings, public or private streets, off-street parking lots, or drives. However, up to 50 percent of the required green area may be composed of privately owned properties which shall be restricted either on the plat, final development plan, text agreement, or some other appropriate recordable agreement so as to ensure that the green area will be permanent. The requirements of this subsection may be reduced or waived by the Plan Commission for redevelopment programs.
1. Dimension. Green area must exist in quantities of not less than 6,000 square feet in area nor less than 50 feet in its smallest dimension.
2. Location. Green area shall be reasonably accessible to all the residents of the planned unit development and shall be distributed equitably throughout the project in relation to the dwelling units of the people they are intended to serve. Large open spaces may be enhanced by walkway systems linking them to one another.
b. Green area for business, office/residence or industrial planned unit developments.
1. Area. Not less than 20 percent of the lot area shall be permanently placed in green area. Green area includes landscaping such as grass, shrubs, bushes, rock gardens, trees, flowers (including the pedestrian mall of a shopping center). Such green area shall be permanently set aside, planted and maintained and not encroached upon.
2. Buffer screen planting. A buffer screen planting shall be provided as required in Section 42-442(a)(9) or 42-443(a)(6), as appropriate.
3Density and uses.
a. Permitted uses. Any use or conditional use permitted in the underlying zoning district in which the planned unit development is proposed to be located may be permitted within a planned unit development by means of an approved conditional use permit.
b. Density. Lots within a PUD may be permitted a reduction in size or area to permit the clustering of dwelling units for an even exchange for common open spaces; however, the gross project density shall be no greater than permitted in the underlying zoning district regulations. For the purpose of computing the maximum density for a PUD, the minimum lot size requirements in the underlying zoning district, for the size and type of unit desired, shall be divided into the gross project area.
4Building spacing and yard requirements. There shall be no minimum setback or lot coverage or lot width. Each structure shall be at least 16 feet from any adjoining structure. No building shall be located closer than 25 feet from the boundary of the PUD.
5Design standards for traditional neighborhood planned unit developments. The design standards for traditional neighborhood planned developments shall follow the principles of a document identified as "A Model Ordinance for Traditional Neighborhood Development," dated December 2000, and published by the University of Wisconsin Extension pursuant to Wis. Stats. § 66.1027(2). Said document shall not be the exclusive guide for consultation regarding this type of development. City staff and the Plan Commission may consult other sources of information, including the City's Zoning and Infrastructure Standards for evaluating this type of development.
dEnvironmental design. The location of trees must be considered when planning the green area, open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grades.
1A general landscaping plan shall be required at the time of submission of the preliminary development plan to be followed by a detailed landscaping plan at the time of submission of the final development plan showing the spacing sizes and specific types of landscaping material and treatment of recreational areas.
2A general grading plan shall be required at the time of submission of the preliminary development plan to be followed by a detailed grading plan at the time of submission of the final development plan showing the earth-moving procedures and other changes to the landscape in order to preserve and prevent despoliation of the character of the area to be retained as green area.
eTraffic circulation. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. The pedestrian circulation system shall be designed so as to be as completely separate as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement.
fPrivate streets. Standards of design and construction for roadways within the planned unit development may be modified as is deemed appropriate by the Plan Commission after receiving a recommendation by the City Engineer.
gParking. The provisions of Section 42-360 pertaining to off-street parking shall apply to planned unit developments.
(Code 1976, § 18.24.060) :::
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Sec. 42-275. Home occupations.
aThe purpose of this section is to guarantee that all residential areas are free from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of commercial, office, and other nonresidential uses. This section also recognizes the need to allow residents of the community an opportunity to use their homes in a limited manner as a place to operate a business which is unobstructive to the neighborhood. In order to ensure that the operations of home occupations do not adversely impact residential areas, criteria and development standards for home occupations have been developed. Home occupations are permitted in any dwelling unit under the following conditions:
1The use is incidental to the principal residential use, the area used to conduct the home occupation does not exceed 25 percent of the gross floor area of such residence, and is conducted within the principal building. Gross floor area includes the basement, and any physically attached garage;
2All business inventory and equipment is kept in the principal building;
3The exterior of the home or yard does not display or indicate any evidence of the home occupation;
4The use produces no noise, odor, vibration or electrical interference;
5The occupants transact no business on the premises which would generate additional traffic or parking problems for the neighborhood;
6Only members of the immediate family residing in the dwelling unit shall be employed on the premises.
7Provided that all conditions of this section are satisfied, permitted home occupations include, but are not necessarily limited to, the following:
a. Artists and sculptors;
b. Authors and composers;
c. Direct sale product distribution (Amway, Avon, Tupperware);
d. Dressmaking, sewing and tailoring;
e. Home crafts for sale off-site;
f. Individual tutoring;
g. Office facility of a salesman, sales representative, or manufacturer's representative, provided that no transactions are made in person on the premises;
h. Preserving and home cooking for sales off-site;
i. Telephone answering and solicitation.
8The following uses shall be prohibited as home occupations:
a. Ambulance service;
b. Beauty salons and barbershops;
c. Carpentry, cabinet makers;
d. Lawn and landscaping services;
e. Limousine or taxi services;
f. Medical or dental offices;
g. Photographic studios;
h. Retail sales;
i. Tow truck services;
j. Tree services;
k. Vehicle and motor repair;
l. Vehicle parts sales, upholstery, or detailing.
bAny use not listed in Subsection (7) or (8) of this section shall require an interpretation from the Planning Director upon consultation with the Building Division Director. The Planning Director shall evaluate requests for home occupations and determine if they are similar in nature to listed permitted home occupations and are consistent with the purpose of the home occupation provisions. The determination shall be in writing. Anyone aggrieved by a decision of the Planning Director may appeal to the Zoning Board of Appeals.
cAn application for a home occupation permit shall be filed with the Building Division on a form prescribed by the Building Division Director. No home occupation may be established without first obtaining a home occupation permit and verifying compliance with the conditions specified in this section.
(Code 1976, § 18.24.070) :::
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Sec. 42-276. Mobile home courts and travel trailer camps.
aProcedures and application.
1Approvals required. No person shall construct, expand, or operate a mobile home court or travel trailer camp within the City unless such person holds a valid license issued annually by the City Clerk. Any person owning or controlling a mobile home court in existence on the effective date of the ordinance codified in this chapter may apply for and receive an annual license for an existing court or camp by complying with Subsection (a)(5) of this section, annual license application. (For the purpose of this section only, where the term "mobile home" is listed, the term "manufactured home" may be substituted.) The City Clerk shall issue an initial license only after the following actions have taken place:
a. The land has an approved conditional use permit allowing mobile homes and travel trailers pursuant to the procedures of Section 42-272;
b. The applicant completes the application form and submits it to the City Clerk together with the required license fee;
c. The City Council approves the license.
2Preliminary plan.
a. Plan Commission review. The applicant shall apply for preliminary plan approval to the City Planner. Such applicant shall submit six scaled copies and one reproducible reduction of the preliminary plan to the Plan Commission for its consideration. Such preliminary plan shall be drawn on a topographic map with a scale of at least one inch equals 200 feet showing four-foot contours, the area, location and proposed layout of lots, roadways, buffer strips, parking areas, and recreational areas.
b. Plan Commission approval. Approval by the Plan Commission shall be in concept only. The Plan Commission shall make findings that:
1. The surrounding area can be compatibly planned and zoned;
2. The mobile home court or travel trailer camp is in conformance with the general plan of the City;
3. The existing and proposed utilities are adequate;
4. Approval by the Plan Commission shall enable the applicant to prepare a final plan. The applicant shall have the option of obtaining from the City Council approval in concept of the preliminary plan after approval is given by the Plan Commission. If no favorable approval is given by the Plan Commission, the applicant may revise the preliminary plan accordingly and resubmit to the Plan Commission. Where the Plan Commission or the City Council has approved a preliminary plan, such approval shall become null and void if the final plan has not been submitted within 12 months of the date of the Plan Commission's or the City Council's action.
3Final plan.
a. Plan Commission review. Upon approval of the preliminary plan, the applicant may apply to the Plan Commission for approval of the final plan by submitting an application for a conditional use permit for a mobile home court or travel trailer camp accompanied by the required fee and by filing with the City Planner the following items:
1. Survey required. Six scaled prints and one reproducible reduction of a certified survey map or final subdivision plat of the property showing existing features;
2. Final plans. Six scaled copies and one reproducible reduction of the final plan titled as such on each sheet, drawn to a scale of at least one inch equals 50 feet and showing:
iSite plan. A complete plan of the court or camp, showing the number, location and dimensions of all mobile home or travel trailer lots, proposed location and width of roadways, walkways, easements, setback lines, recreational areas, vehicular parking areas and service buildings if provided;
iiExisting features. The location of specimen trees, structures, streets, easements, sewers, utilities, walkways and curb and gutter;
iiiLandscaping plans. The proposed landscaping of the entire site, showing spacing, size and specific types of landscaping material and treatment of recreation areas;
ivUtilities plan. The location and size of utility service lines for water, storm and sanitary sewers, electrical, telephone, fuel and, if provided, cable television service;
vBuilding and lot plan. Plans and specifications of all buildings and other improvements constructed or to be constructed within the court or camp, including a detailed sketch of a typical mobile home or travel trailer lot.
b. Plan Commission findings. Upon submission of the final plan to the Plan Commission, the Commission shall hold a public hearing pursuant to requirements in Section 42-272 and, after hearing any interested party, and any staff report, recommendation or information, the Plan Commission shall make a recommendation and report to the City Council concerning such plan. Before the Plan Commission can recommend approval of the plan, the following findings must be made:
1. That the uses, values, and enjoyment of other property in the neighborhood for purposes already permitted shall not be substantially impaired or diminished by the establishment, maintenance or operation of the intended court or camp;
2. That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided;
3. That adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion in the public street.
c. City Council approval. After receiving the final plan and recommendation and report from the Plan Commission, the City Council shall hold a public hearing on the conditional use permit and initial license applications. Following the public hearing, the City Council may grant such permit and license.
4Procedure after permit granted. Upon approval of a conditional use permit by the City Council, the applicant shall record with the Register of Deeds for Rock County, Wisconsin, the certified survey map or plat, deeding to the City those lands and easements shown on the survey or plat, a statement that the land is to be developed pursuant to a conditional use permit approved by the City Council of the City, and the approved final plan.
a. Issuance of initial license. Upon the submission of proof of such recording to the City Clerk, the Clerk shall issue the initial license allowing the applicant to develop the land according to the conditional use permit and recorded plan.
b. Revocation and extension of permit. If no substantial construction has begun within 12 months from the approval of the final plan, then without further action by the City Council and without notice to the applicant, the conditional use permit shall become null and void. The permit holder may apply to the City Council for an extension of this time requirement. In its discretion and for good cause, the City Council may extend, for a reasonable time not to exceed one year, the period for the beginning of construction. If a conditional use permit becomes void under the provisions of this section, the City Planner shall remove such permit from the official zoning district map and the Building Division Director shall file a notice of revocation with the recorded final plan. The zoning regulations applicable before the plan was approved shall then be in effect.
5Annual license application. The applicant shall apply annually for license renewal, the annual license shall be subject to the approval of the City Council. The application for each annual license shall be accompanied by a fee.
6Transfer of license. A transfer of license application shall be applied for and may be approved by the City Council in the same manner as an application for a renewal license. The application for such license shall be accompanied by a fee.
bAdministration.
1Enforcement. It shall be the responsibility of the Building Division Director to enforce the provisions of this chapter by authorizing and directing inspections to be made of all mobile home courts and travel trailer camps.
2Violations. Whenever the Building Division Director determines violations of pertinent regulations exist, he or she shall notify the licensee or permittee of such alleged violations. Such notice shall:
a. Be in writing;
b. Include a statement of the violations enumerated;
c. Allow a reasonable time for the correction of such violations but not to exceed 90 days.
3Revocation of license. The license for such court or camp is subject to revocation by the City Council as provided in the Wis. Stats. § 66.0435.
4Emergency order. Whenever the Building Division Director finds that an emergency exists which required immediate action to protect the public health, safety or welfare, he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she may deem necessary to meet the emergency, including the recommendation of the suspension of the license. Such order shall be in writing, shall be notwithstanding any other provisions of this chapter, and shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately or be subject to Subsection (b)(3) of this section, revocation of license.
5Reports required of license holder. It shall be the duty of the license holder to file with the City Clerk a monthly report containing the following information on a form sheet:
a. Name of mobile home court, name and address of owner, agent or operator.
b. A tabulation of mobile home court occupancy listing lot designation, and monthly tax.
c. Within five days of the arrival of each new mobile home occupant, the owner shall submit the form specified by the assessor's office.
d. Failure to report the information as required above shall be a violation subject to a forfeiture in an amount not to exceed $25.00.
cGeneral provisions.
1Applicability. Every mobile home court and every travel trailer camp built or added to after December l, 1972, shall be governed by the provisions of this chapter. No mobile home court shall be allowed in any zoning district except by conditional use permit. Every mobile home court developed and governed by this chapter shall first have an approved conditional use permit prior to being licensed.
2Classification. Classification shall be of two types:
a. Mobile home courts;
b. Travel trailer camps.
3Parking of mobile homes and travel trailers. It is unlawful to permit a mobile home or travel trailer to be located in a court or camp unless it is placed in a designated stand in a licensed court or camp. Only one mobile home or travel trailer shall be placed on a mobile home lot except that an unoccupied travel trailer may be parked behind the setback line of the mobile home owner's yard to the rear of the principal building unless otherwise approved in the final plans.
4Nonresidential uses. No part of any court or camp shall be used for nonresidential purposes, except such uses as are required for the direct servicing and wellbeing of court or camp residents and for the management and maintenance of the court or camp as contained in the plan approved by the City Council.
5Signing. No signs shall be permitted except the following:
a. One nonflashing identification ground-mounted sign or a wall sign stating only the name of the mobile home court, provided the sign does not project into the public right-of-way;
b. One ground or on-premises wall sign per street frontage for travel trailer camps;
c. Any necessary regulatory signs such as street name signs, and entrance and exit signs, etc. Signs and their installation shall comply with all other applicable code and regulations.
6Occupancy restrictions. No mobile home shall be occupied for dwelling purposes unless it is properly placed on a mobile home lot and connected to water, sewerage, electrical and other utilities and complies with all provisions of this chapter.
dStandards.
1Court and camp size.
*Minimum*\ *Maximum Density of Court*
*Acreage*
Mobile home courts 15 acres 7.0 units per gross land acre
Travel trailer camps l0 acres 9.0 units per gross land acre
2Minimum number of lots. There shall be a minimum of 50 mobile home lots completed and ready for occupancy before first occupancy is permitted.
3Length of residential occupancy. No lot shall be rented for residential use of a mobile home in any such mobile home court except for periods of 30 days or more.
4Compliance with Code Standards. No mobile home shall be admitted in any mobile home court unless it can be demonstrated that it meets the requirements of American Standards for Installation in Mobile Homes of Electrical, Heating and Plumbing Systems or MHMA (Mobile Home Manufacturers Association) Mobile Home Standards for Plumbing, Heating and Electrical Systems.
5Minimum lot standards.
a. Minimum setback requirements.
Mobile Home Courts and Travel Trailer Camps
Mobile Home\ Accessory\ Travel Trailer\
(in feet) Structure\ (in feet)
(in feet)
Front setback from any private street 10 10 5
Side setback 8 5 5
Rear setback 8 5 5
Corner side setback 8 8 5
Setback adjoining green areas 8 8
Setback from any public street 25 25
b. Minimum lot width. Minimum lot width except irregular shaped lots may be approved with lesser frontage where necessary.
1. Mobile home: 50 feet.
2. Travel trailer: 30 feet.
c. Minimum lot area. Minimum lot area: 5,000 square feet.
d. Lot frontage. Each mobile home and travel trailer lot shall adjoin a roadway within an approved court or camp.
6Parking.
a. At least two off-street, hard-surfaced parking spaces shall be provided for each mobile home lot. The size of each space must be at least nine feet by 20 feet.
b. At least one off-street parking space shall be provided on or for each travel trailer lot. The size of each space must be at least nine feet by 20 feet.
c. Street parking on both sides of private streets shall be permitted only if the roadway is at least 36 feet wide. Street parking shall be permitted on one designated side only if the roadway is at least 30 feet wide.
7Screening. There shall be provided a screening buffer strip at least five feet in width along any boundary of the mobile home court or travel trailer camp which adjoins 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 court or camp from view of the adjoining 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 within the required front or corner side setback, the maximum height shall be 30 inches.
8Green area. Not less than ten percent of the total gross court or camp area shall be devoted to recreational facilities and green area. Recreation facilities such as playgrounds, swimming pools or tot lots shall be conveniently located for the residents the court or camp is designed to serve.
9Tenant storage. One storage building accessory to a mobile home shall be permitted on a mobile home lot, provided that the storage building does not exceed 80 square feet and does not exceed eight feet in height. Such storage building shall be fully enclosed and located on the mobile home lot. A storage building may be 81 to 120 square feet, provided the mobile home court owner or management approves and delivers written permission along with a building permit application to the Public Works, Building and Development Services Division. Said accessory building may be no taller than the roof peak height of the mobile home being served or 12 feet, whichever is less. The structure's interior sidewall may not exceed eight feet in height.
10Fuel service. All fuel service shall be placed underground and installed in conformity with all local and state regulations.
11Additions and alterations.
a. Permit required. A permit issued by the Building Division Director shall be required before any construction on a mobile home lot or any structural addition or alteration to the exterior of a mobile home. No permit is required for addition of steps, awnings, skirting, or tenant storage structures as defined above.
b. Size of expansion. No addition to a mobile home shall be greater than the area in square feet of the existing mobile home. No addition or alteration to the mobile home shall exceed in height the height of the existing mobile home, and all such alterations or additions shall be factory built.
c. Conform to setbacks. Any addition to a mobile home shall be deemed a part of the mobile home and shall have the same setbacks as the existing mobile home.
d. Skirting required. Vented skirting of nonflammable material for mobile homes is required. Areas enclosed by such skirting shall be maintained so as not to provide a harborage for rodents or create a fire hazard.
12Utilities. Utilities shall be installed underground and shall meet City ordinances and State of Wisconsin Statutes and codes.
a. Electrical requirements. Each mobile home and travel trailer lot shall be connected to the court or camp electrical wiring system by underground cable and by approved receptacle, disconnecting means, and over current protective equipment. The minimum service for each mobile home lot shall be 12-240 volts AC, 100 amperes. Adequate lights shall be provided in mobile home courts and travel trailer camps to illuminate public or private streets, driveways, parking areas and walkways, for the safe movement of vehicles and pedestrians at night. Street lights shall be provided at each public or private street intersection, at all dead ends, and at mid-block points not exceeding 300-foot intervals and shall meet the City's minimum lighting level standards for public streets or be as approved by the City Engineer.
b. Sewer service. All mobile home courts shall be served by public sewer. Each mobile home lot shall be equipped with at least a three-inch sewer connection so located as to provide a suitable connection from the home with a continuous grade, not subject to surface drainage. Travel trailer courts shall provide facilities for the disposal of sanitary wastes as set forth in the State of Wisconsin Administrative Standards.
c. Water. City water shall be provided by a separate lateral at each mobile home lot. Travel trailers shall be served by the City water system. Provisions shall be made to supply water within 50 feet of each travel trailer lot.
d. Fire protection. Fire hydrants shall be located within 500 feet of any mobile home or service building.
13Mobile home stand, patio, and tiedowns.
a. A mobile home stand shall be a continuous four-inch concrete single slab or an approved alternate to support the mobile home.
b. The mobile home stand shall be provided with six anchors and tiedowns such as cast-in-place concrete dead man eyelets embedded in concrete foundations or arrowhead anchors or other devices securing the mobile home. Anchors and tiedowns shall be placed at least at each corner of the mobile home stand and at the middle of each side, and each side shall be able to sustain a minimum tensile strength of 2,800 pounds.
14Roadways.
a. All roadways created by a mobile home court shall be hard surfaced according to standards established by the City Engineer.
b. The minimum pavement width of roadways shall be 30 feet except that a 24-foot pavement width may be permitted, provided space is permanently set aside and shown on the final plan to accommodate the storage of tenants' recreation equipment and vehicles.
c. The alignment and gradient shall be properly adapted to topography, to safe movement of types of traffic anticipated, and to satisfactory control of surface water and groundwater.
d. The names of roadways within the court shall not duplicate the names of streets within the City or its extraterritorial jurisdiction.
15Lot markers. The limits of each mobile home and travel trailer lot shall be clearly marked on the ground by permanent flush stakes, markers or other suitable means.
16Fences and hedges. Fences and hedges may be permitted in a mobile home court or travel trailer camp provided they do not exceed a height of 30 inches in the front or corner side setback areas and six feet in height in all other areas.
17Garbage and rubbish storage areas. Garbage and rubbish shall be stored in flytight, watertight, approved containers stored within a completely enclosed building or may be stored outside, provided such storage area is effectively screened from view.
18Service building required. Service buildings for mobile home lots or travel trailer lots shall be made of permanent construction in accordance with City and state codes.
(Code 1976, § 18.24.080)
State law reference(s)---Authorizing of city to license and regulate manufactured and mobile home communities, Wis. Stats. § 66.0435. :::
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Sec. 42-277. Seasonal migrant labor housing.
aConditional use permit required. A conditional use permit is required prior to the establishment of any migrant labor housing development.
1The conditional use shall be reviewed annually by the Plan Commission for the first two years of operation to ensure that approval conditions are being met and additional conditions are not needed.
2The conditional use is only valid while there is a business or industry within the City of Janesville requiring migrant workers. When the seasonal use is discontinued for a period of three consecutive years, all housing structures and common use facilities shall be removed from the property.
3Violations to approval conditions may result in revocation of the conditional use permit upon a hearing held by the Janesville Plan Commission and such other relief as provided in this Chapter, in law, and/or in equity.
bSeasonal migrant labor housing standards:
1Migrant labor facilities and housing must meet all provisions of Chapter DWD 301, Department of Workforce Development, published under Wis. Stats. § 35.93, as from time to time amended or renumbered.
2The maximum number of inhabitants allowed in the facility and in each room shall be specified and each habitable unit shall be defined. The occupant load shall be posted inside each building.
3Only the first floor can be used as dormitory type of migrant labor housing and dormitory type housing cannot be used for non-migrant workers.
4Basement and second floor rooms or apartments cannot be used for habitation unless specified in the conditional use permit.
5The facility, and each room within it, cannot exceed the number of tenants specified in the conditional use permit. There shall be an inspection of the facilities by City of Janesville inspection staff if there are complaints about the number of individuals in the facility or its rooms.
cSite specifics:
1Seasonal migrant labor housing may only be established on the same or adjacent site and accessory to the industrial use being served.
2Site plan review shall be conducted in accordance with Section 42-273.
3The off-street parking standards described in Section 42-359, as from time to time amended or renumbered, shall be adhered to at all times. The required parking ratio for migrant labor housing is one parking stall per five migrant workers.
4All permanent loading facilities and trash/recyclable storage areas shall be completely screened from view by an opaque vertical wall or fence that is a minimum of five feet in height or greater as necessary to adequately screen the trash enclosures. Said wall or fence shall be constructed of the same or complementary materials as the building that it serves. Loading and trash storage area shall be designed in consultation with professional service providers in order to accommodate all desired functions within the screened area. Loading and trash storage areas shall be proximal to the building they serve in order to provide convenience in access for employees using such facilities.
5Each housing structure and common use facility within the migrant labor housing development shall be connected to municipal water and sewer service.
(Ord. No. 2019-769, § IV(18.24.085), 10-14-2019) :::
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Sec. 42-278. Fee Schedule.
aThe zoning fees are an amount as established by the City Council from time to time, and as set out in the fee schedule that appears in this Code.
bRe-inspection fee. A re-inspection fee in an amount as established by the City Council from time to time, and as set out in the fee schedule that appears in this Code shall be charged by the City against and paid by the property owner for every violation that is not correct by the re-inspection date. An additional re-inspection fee shall be charged by the City for each subsequent re-inspection per violation until full compliance is achieved.
cFee schedule review. The fees as listed above shall be reviewed on at least a five-year cycle beginning on January 1, 2007.
(Code 1976, § 18.24.090; Ord. No. 2017-708, § II, 11-27-2017; Ord. No. 2018-741, § III, 11-26-2018) :::
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Secs. 42-279---42-302. Reserved.
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ARTICLE VIII. SOLAR ACCESS PERMITS
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Sec. 42-303. Statement of findings and purpose.
aThe City Council of the City of Janesville finds that:
1Diminishing supplies of nonrenewable energy resources threaten physical economic well-being of the residents of this community who presently rely on such resources to maintain their homes, industries, businesses and institutions;
2Solar energy systems hold great promise for the future energy needs of this community because they use a renewable energy resource; and because they do not pollute the community's water and air; and
3The successful use of solar energy systems for such purposes as supplying space heating, water heating or the production of electricity is dependent upon sufficient access to direct sunlight.
bThis chapter is adopted under authority contained in Wis. Stats. § 66.0403, for the purpose of protecting the health, safety, and general welfare of the community by:
1Promoting the use of solar energy systems;
2Protecting access to sunlight for solar energy systems; and
3Ensuring that potentially conflicting interests of individual property owners are accommodated to the greatest extent possible, compatible with the overall goal of this article.
(Code 1976, § 18.26.010; Ord. No. 84-395, § (part), amend § 2, 1984) :::
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Sec. 42-304. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant means an owner applying for a permit under this chapter.
Application means an application for a permit under this chapter.
Collector surface means any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. The term "collector surface" does not include frames, support and mounting hardware.
Collector use period means 9:00 a.m. to 3:00 p.m. Standard time daily.
Impermissible interference means a blockage of solar energy from a collector surface or a proposed collector surface for which a permit has been granted under this chapter during a collector use period, if such blockage is by any structure or vegetation on property, an owner of which was notified under Section 42-305(f). Impermissible interference does not include:
1Blockage by a narrow protrusion, including, but not limited to, a pole or wire, which does not substantially interfere with absorption of solar energy by a solar collector.
2Blockage by any structure constructed, under construction or for which a building permit has been applied for before the date the last notice is mailed or delivered under Section 42-305(f).
Owner means at least one owner, as defined in Wis. Stats. § 66.0217(1)(d), of a property or the personal representative of at least one owner.
Permit means a solar access permit issued under this chapter.
Solar collector means a device, structure or part of a device or structure, a substantial purpose of which is to transform solar energy into thermal, mechanical, chemical, or electrical energy. The term "solar collector" may include passive systems, such as windows, sun porches or greenhouses, which do not use any external mechanical power to distribute collected heat.
Solar energy means direct radiant energy received from the sun.
(Code 1976, § 18.26.020) :::
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Sec. 42-305. Permit application and notice.
aPermit jurisdiction. Any owner who has installed or intends to install a solar collector may apply for a permit. The Site Plan Review Committee is delegated the responsibility to grant solar access permits. A permit may affect any land which, at the time the permit is granted, is located within the territorial limits of the City of Janesville.
bApplication. An application for a permit under this chapter may be obtained from the Building Division and shall be completed by the applicant.
cInformal preapplication meeting. Prior to the filing of an application, the applicant shall meet with the Building Inspector to discuss the application and the permit process.
dApplication fee. The completed permit application shall be submitted to the Building Division with an application fee of $50.00.
eReview of application. The Building Inspector shall review the application to determine if it is adequately completed. The Building Inspector shall notify the applicant of this determination:
1If the Building Inspector determines that the application is adequately completed, the applicant shall immediately file a copy of the application form with the Register of Deeds for Rock County. The applicant shall then submit a copy of the application form with the recording data to the Building Inspector.
2If the Building Inspector determines that the application is adequately completed, he or she shall provide notice forms and receipt forms to the applicant for service and signing under Subsection (f) of this section.
fService of notice. If an applicant is notified that his or her application has been adequately completed, the applicant shall deliver by Certified Mail or by hand the notice, supplied by the Building Division, to the owner of any property which the applicant proposes to be restricted by the permit. The applicant shall submit to the Building Division a copy of a signed receipt for every notice delivered under this subsection.
gContent of notice. The information on the notice form shall include:
1The name and address of the applicant, and the address of the land upon which the solar collector is or will be located;
2That an application has been filed by the applicant;
3That the permit, if granted, may affect the rights of the notified owner to develop his or her property and to plant vegetation;
4That any person who receives a notice may request a hearing under Section 42-306 within 30 days after receipt of the notice;
5The procedure for filing a hearing request and telephone number, address and office hours of the contact person in the Building Division.
(Code 1976, § 18.26.030) :::
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Sec. 42-306. Hearing.
Within 30 days after receipt of the notice under Section 42-305(f), any person who has received a notice, or anyone acting on that person's behalf, may file a request for a hearing on the granting of a permit, or the Site Plan Review Committee may determine that a hearing is necessary even if no such request is filed. If a request is filed or if the Site Plan Review Committee determines that a hearing is necessary, the Site Plan Review Committee shall conduct a hearing on the application within 90 days after the last notice under Section 42-305(f) is delivered. At least 30 days prior to the hearing date, the Site Plan Review Committee shall notify the applicant, any person who has requested a hearing under this section, all owners notified under Section 42-305(f), and any other person filing a request of the time and place of the hearing.
(Code 1976, § 18.26.040; Ord. No. 84-305, § (part), 1984) :::
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Sec. 42-307. Grant of permit.
aDetermination. The Site Plan Review Committee shall grant a permit if that body determines that:
1The granting of a permit will not unreasonably interfere with the orderly land use and development plans of the City;
2No person has demonstrated that he or she has present plans to build a structure that would create an impermissible interference by showing that he or she has applied for a building permit prior to receipt of a notice under Section 42-305(f), has expended at least $500.00 on planning or designing such a structure or by submitting any other credible evidence that he or she has made substantial progress toward planning or constructing a structure that would create an impermissible interference; and
3The benefits to the applicant and the public will exceed any burdens.
bConditions.
1The Site Plan Review Committee may grant a permit subject to any condition or exemption the Site Plan Review Committee deems necessary to minimize the possibility that the future development of nearby property will create an impermissible interference or to minimize any other burden on any person affected by granting the permit.
2As a condition of receiving a permit, a permit holder shall be responsible for the cost of trimming vegetation planted before the date the last notice is mailed or delivered, to prevent an impermissible interference on property affected by the permit. The permit holder shall give consideration to the desires of the property owner in trimming such vegetation and shall not unnecessarily remove vegetation which does not or will not, in a reasonable period of time, create an impermissible interference.
(Code 1976, § 18.26.050) :::
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Sec. 42-308. Appeals.
Any person aggrieved by a decision under this article may appeal the decision to the Circuit Court for review.
(Code 1976, § 18.26.060; Ord. No. 84-395, § (part), 1984) :::
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Sec. 42-309. Record of permit.
If the Site Plan Review Committee grants a permit:
1The Site Plan Review Committee shall specify the property restricted by the permit and shall prepare a notice of the granting of the permit. The notice shall include the legal description pursuant to Wis. Stats. § 706.05(2)(c), for the property upon which the solar collector is or will be located and for any property restricted by the permit, and shall indicate that the property may not be developed and vegetation may not be planted or allowed to grow on the property so as to create an impermissible interference with the solar collector which is the subject of the permit unless the permit affecting the property is terminated or unless a waiver agreement affecting the property is recorded under Section 42-311.
2The applicant shall record with the Register of Deeds of Rock County the notice under Subsection (1) of this section for each property restricted by the permit and for the property upon which the solar collector is or will be located. A copy of the notice with the recording information for each property affected shall be filed with the Building Division.
3The Building Division shall keep a record of the location of any solar collector which is the subject of a permit and of the location of all properties which are subject to restrictions resulting from the granting of a permit.
(Code 1976, § 18.26.070) :::
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Sec. 42-310. Rights of permit holder.
aAny person who uses property which he or she owns or permits any other person to use the property in a way which creates an impermissible interference under a permit which has been granted or which is the subject of an application shall be liable to the permit holder or applicant for damages, except as provided under Subsection (b) of this section for any loss due to the impermissible interference, court costs and reasonable attorney fees unless:
1The building permit was applied for prior to receipt of a notice under Wis. Stats. § 66.0403(3)(b) or the agency determines not to grant a permit after a hearing under Wis. Stats. § 66.0403(4).
2A permit affecting the property is terminated under Wis. Stats. § 66.0403(9).
3An agreement affecting the property is filed under Wis. Stats. § 66.0403(10).
bA permit holder is entitled to an injunction to require the trimming of any vegetation which creates or would create an impermissible interference as defined under Wis. Stats. § 66.0403(1)(f). If the court finds on behalf of the permit holder, the permit holder shall be entitled to a permanent injunction, damages, court costs, and reasonable attorney fees.
(Code 1976, § 18.26.080) :::
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Sec. 42-311. Waiver of rights.
A permit holder by written agreement may waive all or part of any right protected by a permit. The permit holder shall record a copy of the agreement with the Register of Deeds of Rock County. A copy of the recorded agreement shall also be filed with the Building Division.
(Code 1976, § 18.26.090) :::
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Sec. 42-312. Termination of permit.
aAny rights protected by a permit under this chapter shall terminate if the Building Division determines that the solar collector which is the subject of the permit is:
1Permanently removed or is not used for two consecutive years, excluding time spent on repairs or improvements; or
2Not installed and functioning within two years after the date of issuance of the permit.
bThe Building Division shall give the permit holder written notice and an opportunity for a hearing on the proposed termination under Subsection (a) of this section.
cIf the Building Division terminates a permit, the Building Division shall record a notice of termination with the Register of Deeds. The Building Division may charge the permit holder for the cost of recording.
dThe Building Division shall modify the record of solar collectors prepared under Section 42-309(3) to reflect the termination of a permit.
(Code 1976, § 18.26.100) :::
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Sec. 42-313. Preservation of rights.
The transfer of title to any property shall not change the rights and duties provided by a permit granted under this chapter.
(Code 1976, § 18.26.110) :::
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Sec. 42-314. Construction.
aThis chapter may not be construed to require that an owner obtain a permit prior to installing a solar collector.
bThis chapter may not be construed to mean that acquisition of a renewable energy resource easement under Wis. Stats. § 700.35, is in any way contingent upon the granting of a permit under this chapter.
(Code 1976, § 18.26.120) :::
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Secs. 42-315---42-331. Reserved.
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ARTICLE IX. PENALTIES
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Sec. 42-332. Penalties.
aAny person who violates any of the provisions of this article except Section 42-445(b)(2)f shall forfeit and pay to the City a penalty not less than $25.00 and not more than $100.00, together with the costs of prosecution, for each offense. Each day during which any such violation continues shall be deemed a separate offense. In default of the payment of such penalty, such person shall be imprisoned for not to exceed 30 days.
bAny person who violates Section 42-445(b)(2)f shall forfeit and pay to the City a penalty of not less than $250.00 nor more than $1,000.00, together with the costs of prosecution. Each day during which such violation continues shall be deemed a separate offense, the total penalties of which shall not exceed the amount of the assessed valuation of the property. The penalty described above has been intentionally set very high for violation of Section 42-445(b)(2)f because improper activities in a historic district may be completed quickly but the effects will be long lasting. In default of payment of such forfeiture and costs, the violator shall be imprisoned for not less than ten nor more than 90 days unless the forfeiture and costs are sooner paid.
cIn case any building or structure is or is proposed to be demolished, erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is or is proposed to be used in violation of any of the provisions of this chapter, the City or any adjoining or neighboring property owner who would be specially damaged by such violation may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent or enjoin or abate or remove such unlawful demolition, erection, construction, reconstruction or use.
(Code 1976, § 18.28.010) :::
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Secs. 42-333---42-352. Reserved.
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ARTICLE X. GENERAL PROVISIONS
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Sec. 42-353. Number of residential buildings on a lot.
Except in the case of planned unit developments, not more than one principal detached residential building shall be located on a lot, nor shall a principal detached residential building be located on the same lot with any other principal building.
(Code 1976, § 18.32.010) :::
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Sec. 42-354. Objects obstructing traffic or vision of traffic unlawful.
aA vision triangle is all that land at a street intersection between the vision line and the street intersection. The vision line is determined by drawing a straight line from the curb or edge of pavement of one street to the curb or edge of pavement of the intersecting street, and such line shall run through two points, each such point being on the edge of the street right-of-way/property line and 25 feet back from the corner formed by the intersection of the two street right-of-way/property lines, as shown on the vision triangle ordinance diagram in Subsection (c) of this section. No bushes or shrubbery nor any opaque or semi-opaque object is permitted in the vision triangle if such bush, shrub or object is over 30 inches above curb grade, except trees trimmed to the trunk and at least to seven feet above sidewalk grade. Official traffic signs and signals and utility poles are exempt from this restriction.
bAt all intersections controlled by yield signs, stop signs, or traffic signals, only that portion of the vision triangle lying within the public street right-of-way shall apply.
cAll buildings existing within the vision triangle at the time of adoption of the ordinance codified in this section shall be exempt from the requirements of this article.
{width="3.3335in"
height="2.4862in"}
(Code 1976, § 18.32.020) :::
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Sec. 42-355. Permitted obstructions in required setback areas.
aExcept as otherwise regulated herein for a specific permitted or conditional use, the following accessory buildings, structures and uses are permitted and may be allowed obstructions in required setback areas where indicated by an X:
Front\ Interior Side Setback Rear Setback
Setback\
and Corner Side Setback
1. Awnings or canopies attached X X X
2. Arbors or trellises X X X
3. Attached air conditioning equipment X X X
4. Detached air conditioning equipment X X
5. Balconies. No balcony may be extended beyond the setback line more than eight feet or 50 percent of the distance between the property line and the setback line, whichever is the smaller X X X
6. Bay windows. Projecting not more than three feet into a setback X X
7. Chimneys, attached projecting not more than 24 inches into a setback X X X
8. Eaves and gutters on principal buildings or attached accessory buildings projecting not more than four feet into a front setback and rear setback and not more than 24 inches into a side setback X X X
9. Eaves and gutters on detached accessory buildings located in a rear setback projecting not more than 18 inches from the building wall adjoining a lot line X
10. Fallout shelters, attached or detached, when conforming also with other codes and ordinances of the City X
11. Fences, subject to compliance with Section 42-356 Fences. X X X
12. Hedges are permitted within all setbacks, except that hedges may be no greater than 30 inches in height when located within the front or corner side setbacks and 6 feet where located within rear and interior side setbacks. X X X
13. Fire escapes, open or enclosed may project three feet into a side setback or five feet into a rear setback X X
14. Flagpoles and garden ornaments X X X
15. Garages or carports, detached X X
16. Growing of farm and garden crops in the open, when conforming also with other codes and ordinances of the City. Plantings which have a screening effect may not be taller than 30 inches in height when located within the front and corner side setbacks. X X X
17. Compost bin or compost pile, when also conforming with other codes and ordinances of the City x
18. Home occupations Not permitted in any setback
19. Laundry drying lines or rods X X
20. Ornamental light standards X X X
21. Playground equipment X
22. Playhouses, summerhouses and boathouses X
23. Sills, belt courses, cornices and ornamental features of the principal building, projecting not more than 18 inches into a setback X X X
24. Sheds and storage buildings for garden equipment and household items X
25. Steps, open X X X
26. Swimming pools, private, when conforming also with other codes or ordinances of the City X X
27. Patios and outdoor fireplaces X X
28. Tennis courts, private X
29. Trees, shrubs and flowers X X X
30. Other accessory buildings, structures, or uses customarily incidental to the primary use upon approval by the Building Division Director X
(Code 1976, § 18.32.030; Ord. No. 2018-739, § I, 1-14-2019; Ord. No. 2019-749, § I(18.32.030), 5-28-2019; Ord. No. 2019-748, § I(18.32.030), 6-24-2019) :::
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Sec. 42-356. Fences
aPermit required. No person shall cause or allow the installation, construction, erection, placement, or replacement of a fence in the City of Janesville without first obtaining a fence permit. Exception: When all other provisions of this chapter are met, a fence permit is not required for:
1The installation, repair, or replacement of any fence less than 16 feet in length.
2Underground electrical fences, such as an invisible pet fence.
3Decorative fences not exceeding two feet in height shall be permitted in all districts. Such fences shall not be placed in any manner which presents a hazard to pedestrians on any public or private sidewalk.
4Temporary fences where permitted by this chapter.
5Chicken runs as defined in Section 8-70.
bApplication. A written application shall be filed with the Building Division and shall include a drawing, a site plan or property survey displaying the property lines, and adjoining streets, the location of all buildings and structures on the property, and the proposed location of the fence.
cFee. An application fee, established and amended from time to time by City Council resolution, shall be paid to the City when the application is filed.
dCertificate of appropriateness required. For fences proposed to be installed on a property located in an Historic Overlay District, a Certificate of Appropriateness shall be required.
eFence types.
1Privacy Fence. A privacy fence is one which is opaque or provides zero to less than 50 percent visibility through the fence. The degree of visibility is measured by the open space through which light is able to pass through the fence. Visibility is measured through one or multiple planes of fencing.
a. Privacy fences located within the front and corner side yard setbacks may be no greater than 30 inches in height.
b. Privacy fences are permitted within the interior side and rear yard setback areas.
c. Privacy fences are subject to all provisions of this chapter.
2Semi-transparent fence. A semi-transparent fence is one which provides 50 percent or greater visibility through the fence. The degree of visibility is measured by the open space through which light is able to pass through the fence. Visibility is measured through one or multiple planes of fencing. Semi-transparent fences are permitted within all setback areas, subject to all provisions of this chapter.
fFence height. The height of fences shall be measured vertically from the finished grade on the interior side of the fence. If a fence is placed on a berm, the berm shall be included in the height of the fence and the height shall be measured vertically from the base of the berm. Support posts shall not extend more than three inches above the top line of the fence, except for decorative caps, knobs, or finials as designed by a manufacturer.
1Fences in the front setback area. Fences installed in the front setback area shall comply with the following height requirements, subject to all other requirements of Section 42-356:
a. In residential zoning districts and where residential uses exist or are permitted to exist in other zoning districts, semi-transparent fence height shall not exceed four feet.
b. In business and office zoning districts, semi-transparent fence height shall not exceed four feet.
c. In industrial zoning districts, semi-transparent fence height shall not exceed 12 feet.
d. Privacy fencing cannot exceed 30 inches in height in the front setback area for all zoning districts.
2Fences in the corner side setback area.
a. In residential zoning districts and where residential uses exist or are permitted to exist in other zoning districts, semi-transparent fence height shall not exceed six feet.
b. In business and office zoning districts, semi-transparent fence height shall not exceed six feet.
c. In industrial zoning districts, semi-transparent fence height shall not exceed 12 feet.
d. Privacy fencing cannot exceed 30 inches in height in the corner side setback area for all zoning districts.
3Fences in the interior side and rear setback areas. Semi-transparent and privacy fences installed in interior side and rear setback areas shall comply with all other requirements of this chapter and the following requirements:
a. In residential zoning districts and where residential uses exist or are permitted to exist in other zoning districts, fence height shall not exceed six feet.
b. In business and office zoning districts, fence height shall not exceed eight feet.
c. In industrial zoning districts, fence height shall not exceed 12 feet.
4Overlapping setback areas. In areas where the front setback and interior side setback areas overlap, the standards of fence height for front setback areas shall apply.
gFence installation. No person shall cause or allow the installation, construction, erection, placement, or replacement of a fence, or any portion thereof, except in strict compliance with this section, site specific conditions, and the following requirements:
1Fences including all structural members and footings may be installed up to but not on property lines. No portion of the fence shall encroach beyond the property line.
2It is the responsibility of the property owner to locate the property lines and warrant that the fence is properly located entirely on the property site to which the fence permit has been issued.
3Fences shall be installed with the finished side facing the adjacent property or public right-of-way.
4All fence posts must be located on the inside of the fence facing the property on which the fence is located unless the fence is designed and constructed to look the same on both sides of the fence.
5Fences near street intersections. Fences may not obstruct traffic or vision of traffic and shall provide at least 50 percent visibility through any fence or multiple planes of fencing encroaching within the vision triangle as described in Section 42-354.
6Fences near driveways. Fences near driveways may not obstruct traffic or vision of traffic in the street or alley or along a public sidewalk. Privacy fences greater than 30 inches in height may not be placed along driveways within a vision triangle formed by the point of intersection between any right-of-way or alley or driveway and the two points located 15 feet from the point of intersection along the right-of-way line or the edge of the driveway.
7Fences located in the R2---Limited General Residence District. Privacy fences located in the R2 Zoning District may be positioned in the corner side setback area up to halfway between the corner side of the principal building and the corner side lot line provided that it does not extend into the fence vision triangle described in Subsection (g)(5) of this section.
8Fences on lots having multiple street frontages. Privacy fences up to six feet in height may be installed in the rear and corner side yard setback areas on properties which present more than one street frontage and the rear yard includes frontage along a state or federal highway, county trunk highway, or town road, subject to all of the following requirements:
a. Areas defined: State highways and county roads include the following:
1. State and Federal Highways 11, 14, 26, and 51.
2. County Trunk Highways A, D, F, G, O, and Y.
3. Town roads located within or adjacent to the municipal limits.
4. Jurisdictional changes of the above-listed roadways as deemed appropriate by the Chief Building Division Director. Said fences must meet all other requirements of this chapter in order to be deemed appropriate.
b. Access is controlled and prohibited to the subject property from the state or federal highway, county trunk highway, or town road where the fence would be installed.
c. Access is controlled and prohibited to the adjacent properties from the state or federal highway, county trunk highway, or town road for a distance of no less than 500 feet from the subject property in either direction along the state or federal highway, county trunk highway, or town road, or as determined by the Chief Building Division Director.
d. Fences may not obstruct traffic or vision of traffic and are subject to all vision triangle provisions of this chapter.
hFence materials.
1Fences located in residential districts shall be manufactured for residential use. Opaque metal of any kind is prohibited. Typical residential fence materials approved for use are aluminum, wrought iron or steel, chainlink, wood, and vinyl.
2Temporary fencing such as plastic or wood-slat snow fencing shall be prohibited in all zoning districts, except as a temporary use for a special event, hazard, or construction warning. Said fence shall be removed within 24 hours after the conclusion of the special event or when the condition or season for which the said fence was erected no longer exists. Temporary fencing may not be used to enclose yard space on a property.
3Any residential wire-type fencing material shall be 13 gauge or less thickness.
4Prohibited fencing materials.
a. No fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, tires, junk, or similar items. Materials not specifically manufactured for fencing, such as railroad ties, wooden doors, or utility poles shall not be used for, or in the construction, of a fence.
b. Fences consisting of chicken wire, deer fence, hog wire, high-tensile wire strands, which are normally used in the agricultural, farming, and livestock business, specifically for livestock, animal, or bird control, are prohibited. Exception: In residential districts, chicken wire of no more than 24 inches in height may be used only to encompass rear yard, food-producing gardens.
c. No person shall erect, keep or maintain any barbed wire or electric fence, except electric invisible dog fence, upon any premises within the City limits, except that barbed wire is allowed only on properties located in Industrial Zoned Districts or in other districts at the discretion of the Building Division Director and so long as all such barbed wire is at least six feet above the ground. In no case, shall barbed wire or electric fence be installed on any property being used for residential purpose regardless of the zoning district in which it is located.
iProhibited fences. No person shall install, construct, erect, place, replace or cause to be installed, constructed, erected, placed, or replaced the following types of fences:
1An aboveground electric fence or razor wire fence.
2Any wire or chainlink fence with the cut or salvage end of the fence exposed at the top.
3A structure that consists only of vertically-placed materials with no structurally-tied cross members for support.
4A fence that creates a potential hazard to users of the street, sidewalk, or to nearby property.
5A fence that has not been fully completed in accordance with the permit issued under this section.
jNonboundary related fence standards.
1Residential fences or enclosures for swimming pools shall be as permitted in Section 10-27, temporary fences may not be used to enclose pool areas.
2Fencing installed in Commercial and Industrial Districts and for public athletic facilities (ex: tennis courts, baseball or softball fields) may be erected in conformance with accepted ASTM industry standards. A fence permit shall be required for such installations.
kEncroachments. No portion of any fence may extend into any adjoining public right-of-way or public land including greenbelts, unless the owner has secured a valid written and recorded easement for such encroachment from the City.
lCompletion of installation. A fence authorized by a fence permit shall be fully installed in accordance with this section and permit requirements within one year of the date of permit issuance. No further work may be conducted thereafter until a new permit is applied for and issued.
mMaintenance of fences. Fences shall be maintained in a manner so as to prevent rust, corrosion, and deterioration, so as not to become a public or private nuisance, and so as not to be dilapidated or a danger to adjoining property owners or the public. Fences shall not create an appearance of patchwork, which is indicative of a state of disrepair. Every fence installed shall be maintained in such a way that it will remain plumb and in good repair. A property owner or occupant of the property on which the fence is located shall be responsible for the maintenance of a fence as required by this subsection.
nExisting fences. Any fence, lawfully existing upon the effective adoption date of the ordinance from which this section is derived (June 25, 2019), shall not be altered, enlarged, extended, or replaced, except in strict compliance with all of the requirements of this section and chapter. Except where otherwise prohibited in this section, normal maintenance thereof shall not be a violation hereof.
oAppeals. A decision to deny a fence permit or issuance thereof subject to conditions may be appealed to the Zoning Board of Appeals in accordance with Section 42-272.
(Ord. No. 2019-748, § III(18.32.035), 6-24-2019) :::
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Sec. 42-357. Interpretation of use lists.
The Building Division Director may allow land uses (permitted or conditional) which, though not contained by name in a zoning district list of permitted or conditional uses, are deemed to be similar in nature and clearly compatible with the listed uses. The Building Division Director shall call upon the City Planner and City Attorney to assist in the determination of similarity and/or compatibility. At the time of periodic updating and revision, the Building Division Director shall recommend the addition of all such approved uses to the appropriate use list.
(Code 1976, § 18.32.040) :::
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Sec. 42-358. Nonconforming buildings, structures and uses.
aStatement of purposes. This chapter establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming buildings, structures and uses be discontinued or reduced to conformity as soon as the fair interests of the parties will permit, or be permitted to continue with certain restrictions. The purpose of this section is to provide for the regulation of nonconforming buildings, structures and uses and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses shall be permitted to continue.
bAuthority to continue. Any nonconforming building, structure or use which existed lawfully at the time of the adoption of the ordinance from which this article is derived and which remains nonconforming and any building, structure, use or land which shall become nonconforming upon the adoption of the ordinance from which this article is derived and any building, structure, use or land which becomes nonconforming upon annexation to the City may be continued subject to the regulations which follow.
cChange of nonconforming use. The nonconforming use of a building, structure or land may be changed to a use that is permitted in the type of district in which the nonconforming building, structure or use is located. After holding a public hearing in accordance with Section 42-272(e), the Plan Commission may authorize a change from one nonconforming use to another nonconforming use of the same district classification in which the existing nonconforming use would normally be a permitted use, or change an existing nonconforming use to a use more appropriate in the type of district in which it is located, if the Plan Commission finds that such changed use will not be contrary to the purposes listed in Section 42-273.
dRepairs, alterations and expansion.
1Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations are made which increase the bulk of the nonconforming building or structure, unless such a structural alteration and the use thereof, conforms to all the regulations of the district in which the building or structure is located.
2The nonconforming use of part of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be extended throughout the building or structure in which the use is presently located, but no changes or structural alterations which increase the bulk of the nonconforming building or structure shall be made unless such changes or structural alterations and the use thereof, conform to all the regulations of the district in which the building or structure is located.
3The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure, nor changed to any other nonconforming use.
4The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be expanded or extended beyond the area it occupies.
5Construction, reconstruction, remodeling and expansion of a detached residential garage which is used solely for residential storage is permitted on land whose principal use is residential and nonconforming. The size of such garage may not exceed 24 feet by 24 feet.
6The expansion of any one-family or two-family dwelling unit which was lawful prior to the adoption of this chapter but which subsequently became a nonconforming use as a direct result of the adoption of this chapter shall be permitted. Only one such expansion shall be allowed over the useful life of the dwelling unit. Such expansion shall be no more than 150 square feet of gross floor area.
7Subsection (d) of this section shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure on any property within the Shoreland-Wetland Overlay District which existed at the time of adoption of the ordinance from which Article XV of this chapter was derived, or of any environmental control facility in existence on May 7, 1982, related to such a structure. The maintenance and repair of nonconforming boathouses located below the ordinary high water mark of any navigable waters shall comply with the requirements of Wis. Stats. § 30.121, as from time to time amended.
eDiscontinuance. If the nonconforming use of a building, structure, or premises is discontinued for a continuous period of 12 months, it shall not be renewed and any subsequent use of the building, structure, or premises shall conform to the regulations of the district in which such building, structure or premises is located. Exempt from this section are single- and two-family residential structures used for residential purposes which are individually listed on the National Register of Historic Places or single- and two-family residential structures used for residential purposes within an Historic Overlay District.
fRelocation. No building or structure shall be moved in whole or in any part to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all the regulations of the district in which it is to be located.
gRestoration. If a nonconforming building or structure is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of its restoration to the condition in which it was before the occurrence, together with the cost of the total structural repairs or alterations made during the lifetime of the building or structure exceeds 50 percent of the assessed value of the building or structure, such nonconforming building may not be restored except in conformity with the regulations of the district in which it is located. If the cost of such a restoration of a destroyed or damaged nonconforming building or structure, together with the cost of the total structural repairs or alterations made during the lifetime of the building or structure, is less than 50 percent of the assessed value of the building or structure, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of partial destruction and is diligently prosecuted to completion. If the restoration is not started within one year of said calamity and diligently prosecuted to completion, the building or structure shall be removed and the area cleared.
hSpecial exception. The owner of any one- or two-family dwelling unit which was used exclusively for residential use on June 15, 1981, which has been continuously used for residential use since June 15, 1981, up to the date of the casualty referred to hereafter, and which has continuously been located in a business or industrial zoning district since June 15, 1981, shall, in the event of destruction of the residence by fire or other casualty in an amount greater than 50 percent of assessed value, be permitted to reconstruct such residence on the lot where originally located. The size and number of units of the reconstructed residence shall be no greater than the size and number of units of the original residence. The burden of proof of establishing continuous residential use, size and number of units shall be on the land owner. If said reconstruction is not commenced within a period of 12 months following the casualty, any subsequent reconstruction and use of the building, structure or premises shall conform to the regulations of the district in which such building, structure or premises is located.
iExpansion permitted on existing structures. An existing structure within the districts established by this chapter, which was lawful prior to the adoption of the article from which this chapter is derived but which subsequently became nonconforming only as to setbacks and only as the direct result of the adoption of the ordinance from which this chapter is derived, shall be permitted to continue and may be expanded or extended but only:
1If such building addition shall not extend beyond the established nonconforming setback line; and
2In no event shall the total setback of the subject structure be reduced to an amount less than 50 percent of the setback required by this Code; and if the resulting building expansion is no greater than the area of the existing building.
(Code 1976, § 18.32.050) :::
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Sec. 42-359. Off-street parking.
aGeneral requirements. No permit shall be issued for new construction of buildings, structures or uses or additions thereof, or changes of use, or change in seating capacity, or addition of dwelling units, or gross floor area, or other limits of measurement in the amount specified herein unless there is provided off-street parking areas in accordance with the standards of this section. No permit shall be issued for construction, reconstruction or expansion of an off-street parking lot, open storage lot or loading area unless they are developed in accordance with the standards of this section. For purposes of this section, the term "reconstruction" means the removal of all the existing parking lot, open storage lot or loading area surface and base course to the subgrade.
1Size. An off-street parking space is a hard-surfaced area with size determined by the parking table in this chapter and designed so there shall be adequate provision for ingress and egress to all parking spaces.
2Ingress and egress aisles. Ingress and egress aisles to and from any parking lot to a public street or alley shall be of the following minimum widths:
*One-Way* *Two-Way*
Three or more dwelling units or other uses permitted in the residence district 10 feet 20 feet Office, commercial and industrial uses 12 feet 24 feet
bThe Site Plan Review Coordinator shall have discretionary authority to increase or decrease the above minimum standards as he or she deems necessary for the specific site and under the particular facts and circumstances, but in no event ever more than two feet per lane.
1Surfacing. All driveways and open off-street parking areas shall be surfaced with a dustless all-weather material such as bituminous, concrete pavement, or brick. Such parking areas shall be so graded and drained as to dispose of all surface water. Single-family residential properties may have no more than three years from the date of issuance of a building permit for that property within which to complete this surfacing. This section shall not apply to driveways and parking areas which were legally nonconforming prior to November 13, 2000.
2Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties and public streets in such a way as not to create a nuisance.
3Screening and landscaping.
a. Screening of parking lots. For all off-street parking areas containing more than four parking spaces there shall be provided and maintained a permanent screening buffer strip along any boundary of such parking lot which adjoins an R1 or R2 district. Such screening may be accomplished by a wall or fence not less than five feet in height or by 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.
b. Landscaping of parking lots. Each parking lot containing more than four parking spaces shall provide and maintain landscaping within such parking lot. Landscaping shall include natural plantings such as trees, shrubs, or bushes. Such landscaping area shall be not less than five percent of the total parking lot area and shall be reasonably distributed throughout the parking lot. All parking lots shall have a five-foot-wide landscaping strip along all adjoining property lines. The landscape strip adjoining any public street shall contain at least one tree per each 50 feet of street frontage with the remainder of the area left in grass, ground cover or other natural plantings. The Site Plan Review Coordinator may reduce or waive said five-foot-wide landscape strip where the ability of providing such five-foot-wide landscape strip creates a practical difficulty or causes one of the following:
1. The reduction of off-street parking below the ordinance minimum for the use it serves.
2. The inability to develop or implement a joint driveway use between properties.
3. The five percent landscaping requirement may be used to satisfy a portion of the green area requirement.
c. Landscaping of open storage lots. All open storage lots for motor vehicles, and other merchandise, service areas, and loading areas shall have a five-foot-wide landscaped planting strip along all adjoining property lines. The landscape strip adjoining any public street shall contain at least one tree per each 50 feet of street frontage with the remainder of the area left in grass, ground cover or other natural plantings. The Site Plan Review Coordinator may reduce or waive said five-foot-wide landscape strip where the ability of providing such five-foot-wide landscape strip creates a practical difficulty or causes one of the following:
d. The reduction of off-street parking below the ordinance minimum for the use it serves.
e. The inability to develop or implement a joint driveway use between properties.
4No parking permitted on lawns. No vehicle shall be permitted to park on a required front or corner side setback except upon a paved or hard-surfaced driveway or parking area.
cLocation. All parking spaces required to serve buildings or uses erected or established after the effective date of the ordinance codified in this chapter shall be located on the same lot as the building or use served except that parking spaces to serve business buildings or uses may be located no more than 300 feet from the nearest property line of such business building or use. Parking spaces to serve industrial buildings or uses may be located no more than 1,000 feet from the nearest property line of such industrial building or use.
dOwnership of parking facilities not on same lot as principal use. In cases where parking facilities are not located on the same lot as the building or use they serve, such facilities shall be in the possession of the holder of said building or use either by deed or land contract.
eComputation.
1When determination of the number of off-street parking spaces required by this chapter results in a requirement of a fractional space, any fraction of less than one-half may be disregarded, while a fraction of one-half or more shall be counted as one parking space.
2Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time. Floor area to be used in determining parking requirements shall be the total usable floor area on all floors as determined by the Building Division Director.
3For business and office establishments constructed with basement or underground floor space, parking shall be provided for such floor space as follows:
a. Basements or underground floors with only one point of ingress/egress shall be limited to only storage associated with the principal use of the structure and there shall be no parking required for such floor space.
b. For basements or underground floors with two points of ingress/egress and planned or used for limited occupancy for such uses as storage or support functions accessory to the principal use, as determined acceptable by the Site Plan Review Coordinator, one parking stall shall be provided for each 1,000 square feet of gross floor area.
c. For basements or underground floors with two points of ingress/egress and planned or used for intensive occupancy by the principal use, one parking stall shall be provided based on the applicable rate for the principal use as delineated in Section 42-359(h).
fProvisions for two or more uses. Where two or more uses are located on the same lot or within the same building, and with said building or buildings containing an aggregate total of 25,000 or more square feet of gross floor area, parking spaces equal in aggregate to not less than 80 percent in number of the aggregate total of parking spaces that would be required for each use or lot separately shall be provided and are hereby required.
gSubmission of plot plan. Any application for a building permit or for a certificate of occupancy where no building permit is required shall include therewith a plot plan, drawn to scale and fully dimensioned, showing any parking or loading facilities to be provided in compliance with this chapter and any additional information as may be required by the Site Plan Review Committee.
hExemption. This chapter shall apply only to territory located outside of the parking assessment district.
1Driveway openings. Driveway openings shall be set back from street intersections as delineated in the various district requirements through this chapter except for parking lots located within the downtown parking assessment districts. Within the downtown parking assessment districts the minimum setback from a street intersection shall be 20 feet. The setback shall be measured from the intersection of the right-of-way lines, not the curb or pavement edge.
iRequired spaces. The minimum number of off-street parking spaces accessory to designated uses shall be provided as follows, unless otherwise required by the Site Plan Review Coordinator: The Site Plan Review Coordinator may decrease the required number of off-street parking spaces to be improved by up to 25 percent of the requirement. However, area in reserve for development of future off-street parking spaces must be provided on site to satisfy the parking requirement. Said reserve parking spaces shall be improved when necessary as determined by the Building Division Director.
1Dwelling and lodging uses.
a. Boardinghouses or roominghouses, one space for each lodging room;
b. Hotels, motels and tourists homes, one space for each lodging room plus one space for each employee (based upon the maximum number of employees on the premises at any one time);
c. Single-family and two-family dwellings, two parking spaces for each dwelling, plus one additional parking space for each two roomers or lodgers accommodated; but no more than four parking spaces for each dwelling unit;
d. Multiple-family dwellings:
1. Multiple-family dwellings with dwelling units containing two or more bedrooms shall provide two parking spaces for each dwelling unit;
2. Multiple-family dwellings with dwelling units containing one bedroom or designed as an efficiency unit shall provide 1½ parking spaces for each dwelling unit;
3. Multiple-family dwellings which are located in the R4, O2, and B6 Districts shall provide 1½ parking spaces for each dwelling unit;
e. Multiple-family subsidized elderly rental housing, one space per unit. When originally constructed, such a building need only be provided with 50 percent of this requirement unless located within the B5 or B6 District where 25 percent of this requirement may be provided, but sufficient land for the remaining spaces must be reserved for use as needed or for a changed use. In the event that the Building Division Director feels the parking facilities of the subsidized elderly rental housing are not sufficient to accommodate the parking needs, he or she can require the owner to pave additional spaces up to one stall per unit as he or she deems appropriate, subject to site plan review approval. In the event that such multiple-family housing fails to qualify or loses its classification as subsidized elderly rental multiple-family housing under the rules and regulations of the state and/or federal agency under which the housing project has been funded, the provisions for multiple-family housing shall apply. To be classified as multiple-family subsidized elderly rental housing for the purposes of this subsection, the housing project must be so qualified under the rules and regulations of the appropriate state and/or federal agencies;
f. Nursing homes, convalescent homes, one space for each two beds;
g. Mobile home parks, two spaces per each lot;
h. Community living arrangements (CLA), one space for each employee, plus one space for each lodging room. If the clientele of the CLA are not capable of obtaining driver licenses or it is not expected that they would obtain driver licenses, the parking spaces for lodging rooms need not be improved, but shall be reserved on the site.
Such reserved spaces shall be improved when the clientele of the CLA changes to residents who possess or are expected to obtain driver licenses. Exempted from this requirement are CLAs for eight or fewer occupants located in an R1 or R2 District. Those establishments shall provide a minimum of two off-street stalls.
2School, institution, auditorium, or other places of assembly uses.
a. Colleges, junior colleges, and universities, one parking space for each four students, based upon the maximum number of students that can be accommodated in accordance with design capacity, plus one space for each employee;
b. Hospitals, one parking space for each two hospital beds, plus one parking space for each two employees, plus one parking space for each doctor assigned to the staff;
c. Libraries and museums, one parking space for each 600 square feet of floor area;
d. Medical and dental clinics, one parking space per each 150 square feet of gross floor area for the first 10,000 square feet of building and one parking space per each 200 square feet of gross floor area above 10,000 square feet;
e. Meeting halls, convention halls, exhibition halls, funeral homes, and banquet rooms, one parking space for each three people based upon the design occupant load;
f. Auditoriums, theaters and churches, one parking space for each three seats based upon design seating capacity;
g. Private clubs and lodges, one parking space for each 30 square feet of floor area or one space for each lodging room and one parking space for each three seats in accordance with design seating capacity, whichever is greater;
h. Schools, commercial, trade, music, dance or business, one parking space for each two employees, plus one space for each two students based on the maximum number of students that can be accommodated in accordance with such design capacity;
i. Schools, child's dance, one parking space for each five students plus one space for each employee;
j. Schools, senior high (public or private), one parking space for each six students based on the maximum number of students that can be accommodated in accordance with such design capacity of the building, plus one space for each employee;
k. Schools, elementary or junior high (public or private), one parking space for each employee;
l. Nursery schools and day care centers, one parking space per employee, plus one space per six children based on the maximum capacity the facility may be licensed for.
3Recreational uses (commercial or noncommercial).
a. Bowling alleys, five parking spaces for each lane, plus such additional spaces as may be required herein for affiliated uses such as restaurants and bars, plus one space for each employee;
b. Health salons, swimming pools, skating rinks, dance halls and billiard parlors (commercial), one parking space for each three persons, based upon the maximum number of persons that can be accommodated at one time in accordance with such design capacity, and one parking space for each employee;
c. Parks, resorts, recreation areas, grandstands, stadiums or community centers (private, semipublic or public), one parking space for each two employees, plus spaces in adequate number as determined by the Site Plan Review Committee to serve the visiting public.
4Business, commercial and industrial uses.
a. All business and commercial establishments, except those specified hereafter, one parking space for each 200 square feet of floor area, unless the Building Division Director determines that the use is so similar to a use listed in one of the following subsections that the parking requirement for the similar use shall apply;
b. Carwash, one parking space for each two employees, plus one space for the owner or manager, and in addition, parking spaces to accommodate automobiles awaiting entrance to the carwash equal in number to five times the maximum capacity of the carwash. Maximum capacity, in this instance, shall mean the greatest possible number of automobiles undergoing some phase of washing at the same time;
c. Automobile service stations, one parking space for each employee, plus three spaces for each bay intended for service, repair, or other use;
d. Business, professional and public administration or service office building, one parking space for each 200 square feet of floor area, except for a suite of rooms used for offices for physicians or dentists, parking spaces are required herein for medical and dental clinics shall apply;
e. Cartage, express, parcel delivery and freight terminal establishments, one parking space for each employee employed on the premises and one parking space for each vehicle maintained on the premises;
f. Restaurants, taverns, and other establishments dispensing food or drink:
1. Establishments which provide indoor serving areas shall provide parking as follows:
iOne parking space for each 35 square feet of net floor area; and
iiOne parking space for each employee based on the maximum number of employees on the largest shift;
2. Drive-in establishments which do not provide indoor serving areas shall provide parking as follows:
iOne parking space for each 35 square feet of gross floor area; and
iiOne parking space for each employee based on the maximum number of employees on the largest shift;
3. Establishments which provide primarily take-out or delivery service with indoor seating for 12 or fewer patrons shall provide one parking stall for each 200 square feet of gross floor area. Net floor area equals the area where patrons are served;
g. Motor vehicle sales, greenhouses and building materials sales, one parking space for each 600 square feet of floor area, plus one space for each two employees;
h. Furniture and appliance stores, wholesale stores, stores for repair of household equipment or furniture, one parking space for each 400 square feet of floor area;
i. Industrial uses such as production, processing, assembly, cleaning, servicing, testing or repair of materials, goods or products warehouse and wholesale, two parking spaces for each three employees on any one shift. However, space for future parking stalls shall be reserved on the site, but does not need to be improved to ordinance standards until an increase in employment or change in use requires the improvement. Such parking reservation shall equal at least one space per 1,000 square feet of floor area up to 20,000 square feet, plus one space per 2,000 square feet in excess of 20,000 square feet. The Chief Building Division Director may reduce or waive the required parking reservation for industrial uses such as mini-warehouses, concrete batching plants, asphalt batching plants or other similar structures with limited adaptive re-use in the opinion of the Chief Building Division Director.
5Construction and maintenance of parking lot. Construction and maintenance of private streets, drives, parking areas and sidewalks within all developments shall be the responsibility of the property owner. All such improvements shall be constructed in accord with the approved site plan. All facilities shall be properly and routinely maintained to allow continuous and safe vehicle and pedestrian passage and usage. All parking stalls shall be properly striped with industry accepted pavement markings so that they are visible under all weather conditions except snow.
{width="3.3335in"
height="4.028in"}
(Code 1976, § 18.32.060) :::
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Sec. 42-360. Loading requirements.
Off-street loading berths accessory to designated uses shall be provided as follows:
1Location. All loading berths shall be located on the same as the use served. All major vehicle loading berths which abut a residence district or intervening alley separating a residence district from a business or industrial district shall be effectively screened therefrom by building walls, or a uniformly painted solid fence, wall or effective screen or any combination thereof, not less than eight feet in height. No loading berth shall be located within 40 feet of the nearest point of intersection of any two streets. No loading berth shall be located in a required front or side yard setback.
2Area. Unless otherwise specified, an off-street loading berth shall be designed to accommodate vehicles intended to dock at this berth but in no event shall such loading berth be less than 12 feet in width by at least 35 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 14 feet.
3Access. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.
4Surfacing. All open off-street loading berths shall be surfaced with a dustless, all-weather material, such as bituminous, concrete pavement, or brick.
5Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities.
6Utilization. Space allowed to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.
(Code 1976, § 18.32.070) :::
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Sec. 42-361. Grading and drainage.
All surface water originating on a site, plus any and all surface water entering a site from adjoining property, shall be suitably collected on the site and shall be discharged to the storm sewer system where available. Determination of availability of storm sewer shall be the responsibility of the City Engineer, whose decision shall be final. Storm sewers shall be constructed in compliance with the Wisconsin Plumbing Code and other applicable regulations, as from time to time amended. If no storm sewer is available, surface water shall be discharged from or retained on a site in a manner approved by the City Engineer. This section shall not apply to single- and two-family developments.
(Code 1976, § 18.32.080) :::
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Sec. 42-362. Accessory buildings (attached and detached), detached garages, structures, and uses.
The following regulations shall govern accessory buildings, structures, and uses.
1Accessory buildings, attached and detached garages, structures, and uses shall be compatible with the principal use and shall not be established prior to the establishment of a principal use on a lot.
2Except as otherwise regulated herein, any accessory building or structure hereafter erected, altered, enlarged, or moved on a lot shall conform with the following:
a. No detached garage or accessory building shall be nearer than five feet from the nearest portion of any other building on the lot.
b. All detached garages and accessory buildings must comply with the front yard and corner side yard setback requirements as described within each zoning district.
c. No detached garage or accessory building directly adjacent to a principal building shall be less than eight feet from any interior side lot line and ten feet from the principal building.
d. When a detached garage or accessory structure is located to the rear of the closest perpendicular line of the principal building, no detached structure shall be less than the distance described in this chapter from the principal structure.
3No detached garage or accessory building accessory to a residence shall have more than one story or exceed 14 feet in height, measured from floor to peak of roof. The Building Division Director may authorize a greater building height not to exceed 22 feet for detached garages which are located in a district listed on the National Register of Historic Places or in an Historic Overlay District, but only in order to construct a roof pitch to be compatible with the roof pitch of the principal building.
4Attached garages shall be considered part of a principal building and shall comply with the setbacks for a principal building.
5Detached garages shall comply with the setbacks for accessory buildings.
6No accessory building accessory to a one or two family residence shall be greater than 120 square feet in area. No detached garage accessory to a one- or two-family residence shall be greater than 750 square feet in area. No attached garage accessory to a one- or two-family residence shall be greater than the gross living area of the principal building as defined in Section 42-119.
7For each dwelling unit in a single- or two-family residence there shall be no more than one accessory building and no more than one detached garage.
(Code 1976, § 18.32.090) :::
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Sec. 42-363. Building setbacks that apply to all zoning districts.
No building, accessory building or structure shall be erected within the 15-foot strip of land measured landward from the Rock River from any existing river wall or bulkhead line or encroachment line where a bulkhead line has not been established. This provision does not apply to piers, docks, walks, bridges, culverts, dikes, riverbank erosion control or underground utilities.
(Code 1976, § 18.32.100) :::
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Secs. 42-364---42-384. Reserved.
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ARTICLE XI. PHYSICAL DEVELOPMENTS
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Sec. 42-385. Purpose.
The following standards and provisions are hereby deemed necessary and are intended to:
1Protect the health and welfare of the citizenry;
2Provide a safe environment;
3Improve the visual image of the City;
4Encourage physical diversity;
5Mitigate urban heat islands;
6Apply best management practices to stormwater management;
7Protect existing development and improve upon it;
8Provide adequate public infrastructure and street and highway capacity;
9Encourage alternative modes of transportation and minimize the visual, physical and environmental impacts of a motor vehicle-dominated transportation system;
10Minimize light pollution and the creation of sky glow;
11Recognize the physical, environmental, social and psychological benefits of good design of all aspects of the built environment, including, but not limited to, building construction, site improvement, signs and landscaping.
(Code 1976, § 18.34.010) :::
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Sec. 42-386. Application of standards.
aThe standards codified and established by this chapter shall apply to the physical development of all vacant land and the redevelopment of all other lands that are zoned O1, O2, O3, B1, B2, B3, B4, B5, B6 and BT. For purposes of this chapter, redevelopment is defined as the removal of any building, structure and/or improvement for the purpose or intent of constructing, erecting, creating, or otherwise improving the underlying land area with new buildings, structures, uses and/or improvements. The standards contained herein shall also apply to building additions, which double the gross floor area of any existing building.
bCompliance with the regulations contained herein shall be determined by the Site Plan Review Coordinator. The Coordinator may, at his or her discretion, consult with the Planning Director, City Engineer, Director of Public Works and Building Director or their designees for their input, information, expertise and opinion regarding the status of compliance with said regulations. Applicants that are in disagreement or aggrieved with the findings of the Site Plan Review Coordinator may request mediation of Coordinator's actions by the Plan Commission as outlined in Section 42-273(f).
(Code 1976, § 18.34.020) :::
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Sec. 42-387. Architectural standards.
The intent of the following standards is to ensure that development within the district results in the creation of functional and aesthetically pleasing high quality environment. A high quality environment is one that is designed for longevity and flexibility in use, has low or reduced maintenance, is environmentally compatible and pedestrian friendly and will instill pride of use and ownership in those operating and visiting such areas:
1Maximum building size. In accord with the applicable zoning district standard.
2The maximum height of any building, structure or use shall be in accord with the applicable zoning district standard.
3The size, bulk and shape of buildings shall be compatible with those located on parcels in the surrounding neighborhood. When such surrounding buildings consist of dramatically different sizes and styles that may not be compatible with each other, new buildings shall be designed to provide a transition between such other buildings. Where there are few or no surrounding buildings, the size, bulk and shape of buildings shall be consistent with the planned character of what will be the surrounding development as reflected in City's Comprehensive Plan and other adopted plans for the area. The character of buildings and structures constructed in the O3 and B1 Districts shall be consistent with residential buildings in the surrounding area.
4Buildings, particularly large structures, shall be designed to reduce the physical and visual scale and/or appearance of said structures through the use of varied design elements, including, but not limited to, varied setbacks, building height, roof treatments, door and window openings, and other structural and decorative elements. In addition, consideration should be given to varying the vertical walls of buildings with exterior horizontal wall protrusions and recesses and also the tops of walls, roof eaves and parapet walls through the use of varying vertical heights from the ground plane. Buildings and structures located in the O3 and B1 Districts shall have pitched residential styled gabled or hip roofs, except where the character of surrounding buildings suggest that other roof styles are appropriate.
5All buildings shall have entrances clearly defined with roofs, canopies, porticos, arches or other features that identify them and invite users of the site to them. If appropriate relative to the location of on-site parking, at least one entrance shall be located on the front or sides of buildings so that it is visible from the adjoining public street right-of-way. Buildings larger than 50,000 square feet and single tenants occupying spaces greater than 50,000 square feet in a multitenant building shall provide multiple entrances convenient to parking and pedestrian improvements. Separate entrances shall be provided for each tenant or tenant space within a building where practical.
6Exterior building materials shall be durable and low maintenance. Buildings must consist primarily of wood, glass, brick, decorative concrete block, stucco and/or similar materials. The Site Plan Review Coordinator may approve the moderate use of vinyl and seamless metal siding, decorative architectural metal siding with concealed fasteners and standing seam or otherwise architecturally unique metal roofing when such items are sensitively incorporated as design elements and not just building skins.
7Building design and architectural elements shall be applied to all sides of buildings in the O3 and B1 Districts and only those sides and rears of buildings in the remaining office and commercial districts which are clearly visible from public lands, public streets and residential areas. Under said circumstances, all facades of a building shall contain similar building materials and architectural details.
8Primary building facades shall have storefront windows or window like displays or details in quantities sufficient to create a recognizable architectural element from the adjoining parking lots, pedestrian ways and public streets. Said windows or window like features shall be provided for each individual tenant or tenant space within a building when such tenant space adjoins an exterior wall of the building.
9In general, colors used on the exteriors of buildings should be non-reflective, subtle or neutral tones. Bright, vibrant or highly reflective colors or surfaces should be used sparingly as accent features and not applied copiously as an attention getting device.
10The intent of the O3 and B1 Zone Districts is to provide office, commerce and service uses to smaller, local geographic areas and the residents thereof and not necessarily to the community at-large or regional customers. As such uses within the district should be considered as destinations rather than attractions. Thus the use of standard corporate buildings, signage and images may be inappropriate in size, scale, color and image. Any use of such elements must be subtly incorporated into the overall character of the development and the area.
11All permanent loading facilities and trash/recyclable storage areas shall be completely screened from view by an opaque vertical wall or fence that is a minimum of five feet in height or greater as necessary to adequately screen the trash enclosure. Said wall or fence shall be constructed of the same or complimentary materials as the building that it serves. Loading and trash storage areas shall be designed in consultation with professional service providers in order to accommodate all desired functions within the screened area. Loading and trash storage areas shall be proximal to the building they serve in order to provide convenience in access for employees using such facilities.
12Roofs and the tops of building walls shall be designed to sufficiently break planes and horizontal lines, reflect sunlight, and add interest to the structures they are a part and to minimize buildings from appearing as big, flat boxes. Pitched roofs are encouraged when overall building sizes allow their use without creating disproportionately large and/or tall roofs and when pitched roofs are the predominate style of surrounding development or when a building will be proximal to residences.
13Roof mounted mechanical equipment shall be located behind screening walls or covers that are similar or complimentary in material to those used on the facades of the building. Ground or wall mounted mechanical equipment shall be placed out of site from adjoining public streets and screened with landscaping, walls or fences.
14Buildings designed or converted for multiple tenant occupancy shall be designed with roofs, canopies, trellises and/or other roof like structures intended to provide maximum covered areas over sidewalks connecting the entrances to the multiple-tenant space.
15Lots, parcels, sites or developments containing multiple buildings shall incorporate varied building setbacks from the property lines adjoining public streets. Said setback variations must generally be no less than 50 feet; however, the Site Plan Review Coordinator may allow less setback to facilitate good site design.
(Code 1976, § 18.34.030) :::
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Sec. 42-388. Landscaping standards.
The landscaping standards contained herein establish a point system to determine the appropriateness and effectiveness of plant installation. The system recognizes that the installation and maintenance of live plants is essential to creating a healthy, safe and aesthetically pleasing environment. The system places priority on the planting of deciduous shade trees which results in the highest level of environmental impact mitigation. As such all real property proposed for development shall be landscaped as follows:
1Planting designs shall concentrate on shading building roofs, parking lots, pedestrian facilities and the adjoining public streets. Secondary importance is focused on foundation and screening plantings intended to soften the transition from the ground plane to the vertical plane.
2Landscaping requirements. Landscaping shall be provided based on the following requirements or point schedules. The term "landscaping" means living plants normally cultivated for use on residential and business sites. These requirements supersede any other landscaping or screening requirements of this chapter. The requirements of each of the following categories are additive and must be satisfied independently except in the following circumstances: on corner lots, one-half of the trees provided to meet the street frontage requirement may be credited toward satisfying the landscape point/tree requirements of the paved areas standard if said street frontage trees meet the location requirements of both the street frontage and paved areas sections the landscape point totals associated with landscaping planted to meet the buffer yard requirements shall be credited toward the point totals required to meet any other landscape requirement provided the buffer yard plants meet the location requirements of both the buffer yard section and the section for which credit is requested.
a. Street frontages. One large deciduous tree shall be planted for each 50 feet of property line along a public street right-of-way. Said trees shall be planted in the public terrace equidistant from the curb and the normal sidewalk line or on the private site and within ten feet of the property line adjoining the public right-of-way. The preference for tree locations is on private property. The trees should be planted as near as possible at intervals of 50 feet on center although the clustering of trees for valid design purposes may be allowed.
b. Paved areas. One hundred fifty points of landscaping shall be planted for each 3,000 square feet of paving. At least one-half of the landscape points required shall be satisfied by the planting of large deciduous trees. Paving is defined as all hard-surfaced areas within the ground plane, including, but not limited to, parking stalls, driveways, trash enclosure pads, loading docks, sidewalks, plazas and patios. Plants required by this section shall be installed in landscape islands within or extending into the paved area or generally within 15 feet of the perimeter of the edges of the paved area. Parking lots containing more than 75 stalls shall incorporate at least one-third of the required landscaping within planting islands that are located within the interior of the parking lot. Such islands shall be a minimum of ten feet wide and 360 square feet in area and shall contain at least one large deciduous. Said islands should be evenly dispersed throughout the parking lot. Emphasis should be placed on creating islands that function positively with respect to plant physiology, vehicle maneuvering and overall site maintenance. Linear islands located between rows of parking stalls are preferred rather than small islands located at the ends of parking rows.
c. Building foundations. Three hundred points of landscaping for each 100 linear feet of exterior building wall. Plants required by this section must generally be installed within 20 feet of the building foundation. Large deciduous trees should not be used as foundation plantings.
d. Buffer yards. There shall be provided and maintained a permanent ten-foot-wide buffer yard screening element along any boundary of an office or business zoned property and any residential zone district including any O1 or O2 Zoned site that is developed with a residential use or is vacant. Said buffer yard screening element is intended to visually screen the office or business use from the adjoining residential district. The buffer yard screen shall be located within 25 feet of the common property line between the office or business use and residential property. A buffer yard screen shall consist of any combination of an earthen berm, opaque fence constructed of materials compatible with the materials of buildings within the development and/or landscape plantings and shall be designed to provide a permanent, all-season visual screen that will be a minimum of five feet tall. If plantings are used, such elements must be a minimum of three feet high and wide at the time of planting and of a species that will attain a height and width of at least five feet within four years following planting. When such buffer yard planting is located within the required building setback from a public street right-of-way, the height of the plants within that setback area must be maintained at 30 inches or less. The location of the buffer yard planting should be offset from the property line a distance equal to any utility easement of any nature that may be located along and encompassing said line.
e. Development sites. Development sites shall satisfy the street frontage landscaping requirements and shall be graded to a mowable condition and seeded with an acceptable lawn mix. The term "development sites" means any land area that is a separate site, lot, parcel or a vacant portion of a larger site that is included within a development, but which is intended to be developed in the future for building, parking or other physical improvement purposes.
3Landscaping point credits. Credit for landscaping will be granted based on the following schedule:
a. Large deciduous tree: 150 points per tree.
b. Small deciduous tree: 60 points per tree.
c. Evergreen or conifer tree: 60 points tree.
d. Shrub: 20 points per shrub.
e. Annual/perennial bed: 20 points per 20 square feet of planted bed.
4Landscaping elements are defined as follows:
a. Large deciduous tree. A large deciduous tree is any deciduous tree that will attain a mature height exceeding 25 feet, is classified as having a hardiness zone standard of two to five and is at least 2½ inches in diameter at the time of planting. Large deciduous trees planted within the public street right-of-way shall be a species normally classified as street trees. Trees will be downsized appropriately when overhead utility lines exist within the terrace area.
b. Small deciduous tree. A small deciduous tree is any deciduous tree that will attain a mature height less than 25 feet, is classified as having a hardiness zone standard of two to five and is at least one inch in diameter at the time of planting.
c. Evergreen or conifer tree. Evergreen or conifer trees are any upright conifer that will attain a mature height exceeding 12 feet, is classified as having a hardiness zone standard of two to five and is at least four feet tall at the time of planting.
d. Shrubs. Shrubs are plants that are both deciduous or evergreen in character, attain mature heights between two and eight or more feet, are classified as having hardiness zone standards of two to five and that are at least 18 inches in height at the time of planting.
e. Annual/perennial beds. Annual/perennial beds are any planting area containing annual and perennial bedding plants or other ground covers such as creeping evergreens, that are intensively planted to form a continuous planting mass and are at least 20 contiguous square feet in area.
5Green areas of the site not used for landscaping shall be seeded or sodded with an acceptable maintainable lawn seed mix. Mulch of plantings or planting beds is acceptable, provided that such mulching consists of organic or natural materials. Mulches shall be installed so that they will not erode, fall, be plowed or otherwise transported into walks, drives, streets or other hard-surfaced portions of the site. Functional weed barriers will be installed in all areas to be mulched.
6Installation. All landscaping shall be installed consistent with industry accepted standards. Installation shall occur prior to the issuance of a Certificate of Occupancy for the site unless such occupancy occurs during winter, in which case the landscaping shall be completed by July 1 of the next summer.
7Maintenance. Landscaping required by this article is intended to be a permanent site improvement just as any other building, structure or infrastructure that is necessary to facilitate the intended use of the site. As such, all landscaping shall be continually maintained in a live state. Maintenance shall include periodic and timely watering, fertilizing, pruning and any other such normally required horticulture activity necessary to keep all landscaping in a healthy, safe and aesthetically pleasing state. Recognizing that, over time, plants may mature and die or otherwise expire because of natural or unnatural causes, maintenance shall include the removal and replacement of dead or dying plants. Such replacement shall occur within the same year in which a plant dies or in the spring planting season of the following year.
8Utility easements. Planting in utility easements should be avoided. If such planting does occur, it is at the risk of the property owner. Any plants that must be removed because of utility work within such easements shall be replaced by the property owner at their cost. Replacement landscaping shall satisfy the minimum standards of this chapter.
(Code 1976, § 18.34.040) :::
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Sec. 42-389. Exterior lighting and illumination standards.
The intent of the following standards is to mitigate the impact of exterior illumination related to development on surrounding properties, particularly in areas proximal to residential uses, while providing safe, healthy and visually attractive nighttime environments. In order to achieve said environments, good lighting design shall be practiced. Good lighting design is characterized by:
1Illumination levels appropriate for the visual task.
2Reasonably uniform illumination levels on adjoining sites.
3An absence of glare.
4Consideration of the compatibility and aesthetics of illumination and the mechanical improvements that create it as those relate to surrounding properties and the character of the community.
5In order to ensure that proper lighting design occurs, the following standards shall apply to all development within the district.
a. All exterior lighting fixtures shall be full cut-off fixtures as defined by the Illuminating Engineering Society of North America (IESNA). All lighting shall be designed and fixtures selected to prevent glare. The Site Plan Review Coordinator may modify the cutoff fixture requirement for security lighting in areas where the exterior lights are not visible from a residential area or a public street.
b. Illumination of sites and improvements thereon shall be designed to avoid competition with illumination on adjoining or neighboring properties.
c. Illumination levels shall be appropriate for the intended improvement, area and/or function to be illuminated. In general, illumination levels should follow the guidelines and recommendations of the IESNA.
d. In no event shall any exterior illumination exceed an average illumination level of 20 footcandles for the surface to be illuminated unless approved otherwise by the Plan Commission as part of a conditional use permit.
e. The illumination uniformity ratio (the ratio of the average illumination to the minimum illumination) for the surface to be illuminated shall not exceed 4:1.
f. The illumination level at any property line shall not exceed 0.5 footcandle above the ambient lighting conditions on a cloudless night.
g. In no instance shall an outdoor lighting fixture be mounted or oriented such that the lighting element is visible from any residence located in a residential zone district.
h. The following shall be the maximum mounting height for the respective lighting fixture. The mounting height shall be measured from the surface to be illuminated to the bottom of the light fixture.
1. Parking lot light fixtures in lots containing 100 or fewer stalls: 18 feet.
2. Parking lot light fixtures in lots containing more than 100 stalls: 25 feet.
3. Building or security lighting: ten feet.
4. Any other site-lighting fixture 18 feet or as determined appropriate and consistent with the intent of this article by the Site Plan Review Coordinator.
i. Hours of operation. When a use is not in operation, only building mounted security lighting and up to 25 percent of all other outdoor lighting fixtures may remain illuminated.
j. Exterior illumination of wall-mounted, building-mounted or ground-mounted signs, architecture, landscaping, site amenities or other specialty illumination of any kind shall be designed consistent with the intent of this article. The provisions of Subsection (k) of this section shall apply to any such lighting.
k. Alternatives. Alternatives to these standards may be proposed to incorporate the use of a particular architectural style or theme or to incorporate innovative or unique illumination techniques. Such alternatives shall be presented to the Site Plan Review Coordinator with supportive evidence sufficient to determine that the proposal is consistent with intent of the heretofore-established standards. Approval of an alternative illumination plan is at the discretion of the Site Plan Review Coordinator.
l. A lighting plan, specifications for all proposed fixtures and photometric plan or other plans delineating illuminance levels that evidence compliance with the established standards are required for all developments in order to determine compliance with these standards.
(Code 1976, § 18.34.050) :::
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Sec. 42-390. Pedestrian and site amenity standards.
The intent of the following regulations is to further the goal of providing and promoting alternative methods of access and travel to uses established within large-scale developments. Creating developments that provide ease of pedestrian or bicycle access is paramount. As such, the following development standards shall apply.
1At least one five-foot-wide sidewalk shall be provided between the primary entrance to any building and existing or planned public sidewalks, mid-block walkways and bike trails.
2If more than one building is proposed on a site or multiple adjoining sites are proposed for building development, on-site sidewalk links shall be provided between buildings. Said sidewalks shall be a minimum of five feet wide and designed to provide convenient pedestrian access. Public sidewalks may satisfy this requirement if deemed appropriate by the Site Plan Review Coordinator.
3All parking, sidewalks, plazas, patios, and any other hard-surfaced site improvement shall comply with the standards of the Americans with Disabilities Act. Site design shall place a priority of convenience on pedestrian movements rather than motor vehicle movements.
4Accommodations shall be made for bicycle access and parking.
5If more than one building is proposed on a site or multiple adjoining sites are proposed for building development, the site plan shall be reviewed by the Janesville Transit System (JTS) for consideration of creating a transit stop. If deemed necessary by JTS, a transit stop shall be constructed as part of the development or within the adjoining public right-of-way. Any such transit stop shall be connected to the development or site by an appropriate sidewalk. The cost of any such transit stop shall be paid for by the developer.
6If more than one building is proposed on a site or multiple adjoining sites are proposed for building development, site improvements shall include appropriate amenities for employees and patrons. The design of any such amenities shall be functional, inviting and compatible with the adjoining structures and uses. Such items may include, but are not limited to, the following:
a. Receptacles for refuse and recyclables.
b. Benches.
c. Information kiosks.
d. Potable water fountains.
e. Comprehensively designed newspaper boxes.
f. Employee lunch areas.
g. Flower beds, boxes or hanging baskets.
h. Works of art.
i. Smoking shelters.
(Code 1976, § 18.34.060) :::
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Sec. 42-391. Motor vehicle standards.
Motor vehicles, their associated movement and parking represent one of the primary sources of impact from development on surrounding properties, especially residences. In order to reduce the impact associated with motor vehicles, the following standards shall apply to development within the district:
1Vehicle 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.
2The parking of trucks, trailers of any motor vehicle weighing in excess of 1½ tons for more than a 24 hour period is prohibited.
3Off-street parking and loading shall be as provided in Sections 42-360 and 42-361. No more than 110 percent of the minimum number of parking stalls required by the aforesaid sections may be provided unless determined appropriate by the Site Plan Review Coordinator.
4No more than one-half of the parking stalls provided on a site shall be located between the front of the principal building or buildings and public street frontages unless, in the opinion of the Site Plan Review Coordinator, specific site limitations or adjoining land use considerations render such placement impractical or undesirable. The remaining parking shall be located in the side, corner side or rear yards of the site. Within the O3 District, all parking shall be placed in the interior side yard or rear yard unless, in the opinion of the Site Plan Review Coordinator, specific site limitations or adjoining land use considerations render such placement impractical or undesirable.
5Consideration shall be given to the use of nonreflective parking lot surfacing materials.
6All parking lots, driveways and other paved surfaces shall be properly striped, marked and signed to adequately define parking stalls, drive lanes, turning movements, fire lanes, prohibited movements or parking and any other such instructions necessary to facilitate safe pedestrian and motor vehicle movement. All such markings shall be designed and installed to place priority on pedestrian movements rather than motor vehicle movement.
7All pavement stripping, markings and signage shall be permanently maintained in order to provide for continual and safe pedestrian, bicycle and vehicle movements.
8Consideration shall be given to the use of best management practices for stormwater run-off. The use of on-site retention, rainwater gardens and other mitigation methods or strategies designed to reduce off-site stormwater run-off shall be incorporated into site development plans. All such proposals shall include management plans for any on-site water storage.
9For parking lots containing more than 25 stalls, poured in place concrete or equivalent curbing shall be installed in all high vehicle volume areas of the lot in order to define traffic movements, protect pavement edges and prevent disturbance or destruction of green areas and landscaping, to prevent erosion and to protect pedestrians. Said curbing shall be six inches tall and shall contain barrier-free design facilities where necessary and appropriate.
(Code 1976, § 18.34.070) :::
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Sec. 42-392. Streets, highway and traffic standards.
Large developments generally involve significant land area and/or building area. As such they typically generate significant traffic and thus they often negatively impact existing street, highway and traffic improvements. In order to determine the impact from any such development on existing and planned streets, highways and traffic facilities, and to determine what, if any, new improvements are necessary to mitigate such impacts, a traffic study must be completed and submitted with each development proposal. Said study shall comply with the following standards:
1A traffic impact study shall be completed for every large development as defined by the applicable zoning district regulations if determined necessary by the City Engineer. Said study shall be completed by a qualified engineer or equivalent professional or firm having past experience and expertise in completing such studies.
2The cost of the study shall be paid for by the applicant.
3The study shall analyze the existing transportation network in the area surrounding the large development site. This would entail identifying or collecting traffic volumes for all arterial, collector, and nonresidential local streets, conducting turning counts at major intersections, and a review of all planned transportation system improvements within an area surrounding the large development site as determined appropriate by the City Engineer.
4The study shall identify existing and projected traffic volumes and turning movements for the aforesaid transportation network components. Traffic projections should be based on the full build-out of all lands within the study area using City land use plans for those areas that are undeveloped.
5The study shall determine the existing and project the anticipated levels of service for all components of the transportation network within the study area as such levels of service are defined in the most recent edition of the Transportation Research Board's Highway Capacity Manual.
6The study shall make recommendations for all improvements that may be necessary to maintain a level of service of D or better for all components of the transportation network. The Plan Commission may modify this requirement if they find that the construction of such improvements are impractical or excessive.
7The study shall prorate on a percentage basis the portion of the need for any such improvements that can be attributed to the proposed large development covered by the study.
8The applicant may be responsible for the installation costs of any improvements necessary to maintain a level of service of D or better on the transportation network components that would be adversely affected by the proposed development. The Plan Commission may modify this requirement if they find that the construction of such improvements are impractical or excessive.
(Code 1976, § 18.34.080) :::
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Secs. 42-393---42-412. Reserved.
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ARTICLE XII. MULTIFAMILY HOUSING
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Sec. 42-413. Purpose.
The following standards and provisions are hereby deemed necessary and are intended to:
1Protect the health and welfare of the citizenry;
2Provide adequate design and amenities for multifamily housing for the citizenry;
3Improve the quality of life for residents who live within multifamily housing;
4Improve the design quality and standards of amenities for citizens living within multifamily housing by creating developments utilizing long-lasting, high-quality construction and establishing minimum amenities for residents;
5Improve the visual image of multifamily housing within the City;
6Ensure that the design and density of multifamily housing is appropriate in relation to the development site and surrounding land uses;
7Maximize usable open space within multifamily developments;
8Apply best management practices to stormwater management;
9Recognize the physical, environmental, social and psychological benefits of good design of all aspects of multifamily housing development, including, but not limited to, building construction, building, design, site layout, landscaping and resident amenities.
(Code 1976, § 18.35.010) :::
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Sec. 42-414. Application of standards.
aThe standards codified and established by this chapter shall apply to the physical development of all multifamily housing development of vacant land and multifamily residential redevelopment of all lands that are zoned R3M, R3, R4, O1, O2 and B6. For purposes of this chapter, redevelopment is defined as the removal of any building, structure and/or improvement for the purpose or intent of constructing, erecting, creating, or otherwise improving the underlying land area with new buildings, structures, uses and/or improvements. The standards contained herein shall also apply to multifamily residential building additions which double the gross floor area or number of units of any existing multifamily residential building.
bCompliance with the regulations contained herein shall be determined by the Site Plan Review Coordinator. The Coordinator may, at his or her discretion, consult with the Planning Director, City Engineer, Director of Public Works, Chief Building Division Director and Fire Inspector or their designees for their input, information, expertise and opinion regarding the status of compliance with said regulations. Applicants that are in disagreement or aggrieved with the findings of the Site Plan Review Coordinator may request mediation of Coordinator's actions by the Plan Commission as outlined in Section 42-273(f).
(Code 1976, § 18.35.020) :::
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Sec. 42-415. Architectural standards.
The intent of the following standards is to ensure that multifamily residential development results in the creation of functional, safe and aesthetically pleasing high quality, living environment. A high quality living environment is one that is designed to create living arrangements which meet the needs of the residents with high-quality, long lasting building construction and minimum standards for safety in the design of the built and site environment. It should also provide an environmentally compatible and pedestrian friendly environment, which harmoniously co-exists with lower density residential development and commercial development, which may be located nearby.
1Maximum building size: in accord with the applicable zoning district standard.
2The maximum height of any building, structure or use shall be in accord with the applicable zoning district standard.
3The size, bulk and shape of buildings shall be compatible with the shape and size of the parcel of land which it is located upon. Also the building massing shall be compatible with the buildings located on parcels in the surrounding neighborhood. When such surrounding buildings consist of dramatically different sizes and styles that may not be compatible with each other, new buildings shall be designed to provide a transition between such other buildings. Where there are few or no surrounding buildings, the size, bulk and shape of buildings shall be consistent with the planned character of what will be the surrounding development as reflected in City's Comprehensive Plan and other adopted plans for the area.
4When a single building is constructed on an individual lot, the front facade of the structure shall be oriented towards the street frontage of the site.
5Front building facades shall not utilize a garage as the most predominant architectural element visible from the street, depending upon the overall layout of the site. When attached individual garages are constructed, the garage should be connected to the residential unit through the rear or side, in a manner that de-emphasizes the garage. Detached garages shall also be located in a manner which does not make it a predominant architectural element.
6Buildings, particularly large structures, shall be designed to reduce the physical and visual scale and/or appearance through the use of varied design elements, including, but not limited to, varied setbacks, building height, roof treatments, multiple gables, door and window openings, balconies and patios, and other structural and decorative elements. In addition, consideration should be given to varying the vertical walls of buildings with exterior horizontal wall protrusions and recesses and also the tops of walls and roof eaves through the use of varying vertical heights from the ground plane. Multifamily residential buildings shall have residential-styled gabled or hip roofs, except where the character of surrounding buildings suggest that other roof styles are appropriate.
7All buildings shall have structure or dwelling unit entrances clearly visible from parking areas and defined with varied facade materials, roofs, canopies, porticos or other features that identify them and invite residents and visitors to them. Large buildings with central doors/hallways to individual units shall provide multiple entrances convenient to parking and pedestrian improvements. Separate entrances shall be provided for each residential unit for smaller buildings, where practical.
8Exterior building materials shall be durable and low maintenance. Buildings must consist primarily of wood, brick, stucco and/or similar materials. The Site Plan Review Coordinator may approve the moderate use of residential character vinyl and seamless metal siding, when the building incorporates architectural features which limit long sections of siding along any elevation.
9Building design and architectural elements shall be applied to all sides of buildings with particular attention to elevations that face lower density residential uses and public streets.
10Multiple buildings on one lot or multiple buildings constructed in a single development on individual lots shall include consistent architectural design elements which create a unified development pattern.
11Roof materials shall be consistent with that of Section 42-440(a)(11)(f), unless an alternative roof material is architecturally appropriate in a particular location as determined by the Site Plan Review Coordinator.
12In general, colors used on the exteriors of buildings should be nonreflective, subtle or neutral tones. Bright, vibrant or highly reflective colors or surfaces shall not be used.
13All permanent trash/recyclable storage areas shall be completely screened from view by an opaque vertical wall or fence that is a minimum of five feet in height or greater as necessary to adequately screen the trash enclosure. Said wall or fence shall be constructed of the same or complimentary materials as the building that it serves. Loading and trash storage areas shall be designed in consultation with professional service providers in order to accommodate all desired functions within the screened area. Loading and trash storage areas shall be proximal to the building they serve in order to provide convenience in access for residents using such facilities.
14Ground mounted mechanical equipment shall be located out of site from adjoining public streets and screened with landscaping, walls which are incorporated into the facade by the same or similar building material or fences.
15Site layouts shall be done in a manner which maximizes open space on a site. This is particularly important for sites which have multiple buildings. Surface parking shall be prohibited in front and corner side yard setback areas. Methods to maximize open space include, but are not limited to, promoting multiple-story buildings, utilizing underground parking and clustering of buildings on a development site. Buildings which incorporate 30 or more units shall be constructed with secure, underground parking.
(Code 1976, § 18.35.030) :::
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Sec. 42-416. Landscaping standards.
The landscaping standards contained herein establish a point system to determine the appropriateness and effectiveness of plant installation. The system recognizes that the installation and maintenance of live plants is essential to creating a healthy, safe and aesthetically pleasing environment. The system places priority on the planting of deciduous shade trees, which results in the highest level of environmental impact mitigation. As such all real property proposed for multifamily development shall be landscaped as follows:
1Planting designs. Planting designs shall concentrate on shading building roofs, parking lots, pedestrian facilities and the adjoining public streets. Secondary importance is focused on foundation and screening plantings intended to soften the transition from the ground plane to the vertical plane.
2Landscaping requirements. Landscaping shall be provided based on the following requirements or point schedules. Landscaping is defined as living plants normally selected for use on residential sites. These requirements supersede any other landscaping or screening requirements of the zoning ordinance. The requirements of each of the following categories are additive and must be satisfied independently, including buffer yard requirements.
a. Street frontages. One large deciduous tree shall be planted for each 50 feet of property line along a public street right-of-way. Said trees shall be planted in the public terrace equidistant from the curb and the normal sidewalk line or on the private site and within ten feet of the property line adjoining the public right-of-way. The preference for tree locations is on private property. The trees should be planted as near as possible at intervals of 50 feet on center although the clustering of trees for valid design purposes may be allowed.
b. Paved areas. One hundred fifty points of landscaping shall be planted for each 3,000 square feet of paving. At least one-half of the landscape points required shall be satisfied by the planting of large deciduous trees. Paving is defined as all hard-surfaced areas within the ground plane, including, but not limited to, parking stalls, driveways, trash enclosure pads, sidewalks, plazas and patios. Paving areas shall not include pools or playgrounds. Plants required by this section shall be installed in landscape islands within or extending into the paved area or generally within 15 feet of the perimeter of the edges of the paved area. Parking lots containing more than 25 stalls shall incorporate at least one-third of the required landscaping within planting islands that are located within the interior of the parking lot. Such islands shall be a minimum of ten feet wide and 360 square feet in area and shall contain at least one large deciduous. Said islands should be evenly dispersed throughout the parking lot. Emphasis should be placed creating islands that function positively with respect to plant physiology, vehicle maneuvering and overall site maintenance. Linear islands located between rows of parking stalls are preferred rather than small islands located at the ends of parking rows.
c. Building foundations. Three hundred points of landscaping for each 100 linear feet of exterior building wall. Plants required by this section must generally be installed within 20 feet of the building foundation. Large deciduous trees shall not be used as foundation plantings. Foundation plantings should be concentrated along the front elevation of the building.
d. Large open spaces. Where large open spaces are created by the layout of a multifamily development that exceeds one acre in area, the large open space shall include large deciduous trees to create shade within the open space. A large open space is an area of at least 3,000 square feet and shall include at least one large deciduous tree, in addition to other planting requirements found in this section.
e. Buffer yards. There shall be provided and maintained a permanent 25-foot-wide buffer yard screening element along any boundary of a multifamily residential development or building and any single- or two-family residential district. Said buffer yard screening element is intended to visually screen the multifamily structure from the adjoining low-density residential development. The buffer yard screen shall be located along the common property line between the multifamily residential development and the single- or two-family residential district. A buffer yard screen shall consist of any combination of an earthen berm, opaque fence constructed of materials compatible with the materials of buildings within the development and/or landscape plantings and shall be designed to provide a permanent all-season visual screen that will be a minimum of five feet tall. If plantings are used, such elements must be a minimum of three feet high and wide at the time of planting and of a species that will attain a height and width of at least five feet within four years following planting. When such buffer yard planting is located within the required building setback from a public street right-of-way the height of the plants within that setback area must be maintained at 30 inches or less. The location of the buffer yard planting should be offset from the property line a distance equal to any utility easement of any nature that may be located along and encompassing said line.
f. Development sites. Development sites shall satisfy the street frontage landscaping requirements and shall be graded to a mowable condition and seeded with an acceptable lawn mix. Development sites are defined as any land area that is a separate site, lot, parcel or a vacant portion of a larger site that is included within a development but which is intended to be developed in the future for building, parking or other physical improvement purposes.
3Landscaping point credits. Credit for landscaping will be granted based on the following schedule:
a. Large deciduous tree: 150 points per tree.
b. Small deciduous tree: 60 points per tree.
c. Evergreen or conifer tree: 60 points tree.
d. Shrub: 20 points per shrub.
e. Annual/perennial bed: 20 points per 20 square feet of planted bed.
4Landscaping elements are defined as follows:
Evergreen or conifer tree means any upright conifer that will attain a mature height exceeding 12 feet, is classified as having a hardiness zone standard of two to five and is at least four feet tall at the time of planting.
Large deciduous tree means any deciduous tree that will attain a mature height exceeding 25 feet, is classified as having a hardiness zone standard of two to five and is at least 2½ inches in diameter at the time of planting. Large deciduous trees planted within the public street right-of-way shall be a species normally classified as street trees. Trees will be downsized appropriately when overhead utility lines exist within the terrace area.
Shrubs means plants that are both deciduous or evergreen in character, attain mature heights between two to eight or more feet, are classified as having hardiness zone standards of two to five and that are at least 18 inches in height at the time of planting.
Small deciduous tree means any deciduous tree that will attain a mature height less than 25 feet, is classified as having a hardiness zone standard of two to five and is at least one inch in diameter at the time of planting.
5Green areas of the site not used for landscaping shall be seeded or sodded with an acceptable maintainable lawn seed mix. Mulch of plantings or planting beds is acceptable, provided that such mulching consists of organic or natural materials. Mulches shall be installed so that they will not erode, fall, be plowed or otherwise transported into walks, drives, streets or other hard surfaced portions of the site. Functional weed barriers will be installed in all areas to be mulched.
6Installation. All landscaping shall be installed consistent with industry accepted standards. Installation shall occur prior to the issuance of a certificate of occupancy for the site unless such occupancy occurs during winter, in which case the landscaping shall be completed by July 1 of the following summer.
7Maintenance. Landscaping required by this chapter is intended to be a permanent site improvement just as any other building, structure or infrastructure that is necessary to facilitate the intended use of the site. As such, all landscaping shall be continually maintained in a live state. Maintenance shall include periodic and timely watering, fertilizing, pruning and any other such normally required horticulture activity necessary to keep all landscaping in a healthy, safe and aesthetically pleasing state. Recognizing that over time plants may mature and die or otherwise expire because of natural or unnatural causes, maintenance shall include the removal and replacement of dead or dying plants. Such replacement shall occur within the same year in which a plant dies or in the spring planting season of the following year.
8Utility easements. Planting in utility easements should be avoided. If such planting does occur, it is at the risk of the property owner. Any plants that must be removed because of utility work within such easements shall be replaced by the property owner at their cost. Replacement landscaping shall satisfy the minimum standards of this chapter.
(Code 1976, § 18.35.040) :::
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Sec. 42-417. Safe layout and site design standards.
aThe intent of the following regulations is to promote safe design of multifamily developments by creating safe, defensible living environments through design which creates an environment that limits dark and hidden spaces, provides clear pedestrian connections between buildings and parking areas, allows for residents to take ownership of their living space and to provide an environment which police can adequately patrol. Creating developments where residents are safe is the paramount goal. In order to promote these goals, the following development standards shall apply.
bBuildings and site layouts shall meet the prescribed building and fire code requirements.
cMultiple residential buildings on a site shall have a minimum separation of 40 feet. This dimension may be reduced to 20 feet when the narrow side of the buildings adjoin each other, provided that the buildings are oriented in a manner which does not align windows on one building with windows on another.
dNo detached parking garage may be located within 20 feet of a residential structure and may not be located closer to the front property line than the principal building.
eBuildings with interior corridors shall be constructed with secure entryways. Secured entryways shall require that residents of the structure, either remotely or at the entry door to the building allow persons to enter the structure.
fBuilding entrances shall be constructed in a manner that provides a safe, inviting environment. A building entry shall not be hidden from view from the front of the building or from a parking area and shall not create dark, hidden spaces between the entry and a parking area.
gEach exterior entry for an individual unit or entry into a larger building with corridors to individual units shall be provided with a light with a minimum 60-watt incandescent lamp which shall illuminate automatically at dusk and shall be dark during the daylight hours. Full cutoff fixtures shall be utilized whenever possible.
hBuildings with garage/underground parking shall provide secured doors allowing only residents of the building to gain entry.
iPedestrian sidewalks providing connections (other than parking lots) between multiple buildings and other on-site amenities shall be provided. Said sidewalks shall be a minimum of five feet wide and designed to provide convenient pedestrian access. Public sidewalks may satisfy this requirement if deemed appropriate by the Site Plan Review Coordinator.
jSite layouts should provide a logical system of building/street addressing or numbering to allow for easy access by emergency vehicles as determined by the Chief of Police, Fire Inspector and the Site Plan Review Coordinator, jointly and/or severally.
kSites with multiple buildings shall orient facades towards one another or towards common open areas and green spaces. Structures with individual garages for vehicles shall de-emphasize the garage through the building/site layout.
lLighting of parking areas shall meet the requirements of Section 42-389 except that the maximum average illumination may not exceed five footcandles and the maximum height for any parking lot light fixture shall be 18 feet.
mLighting of major walkways must be provided, either by residential style lights on the front facades, or by residential style and scale yard lamps. If more than one building is proposed on a site or multiple adjoining sites are proposed for building development, on-site sidewalk links shall be provided between buildings.
nMultiple buildings on a site are to be oriented in a manner which does not align windows on one building with windows on another.
oSlopes on a site shall not exceed a 4:1 ratio unless the natural topography of the site already exceeds such 4:1 slope. In that case, the slope shall not be disturbed.
pAll parking, sidewalks, plazas, patios, and any other hard-surfaced site improvement shall comply with the standards of the Americans with Disabilities Act. Site design shall place a priority of convenience on pedestrian movements rather than motor vehicle movements.
qNo driveway or paved vehicular surface may be located within ten feet of any multiple-family residential structure or within five feet of any property line.
rProjects developed as a single, unified project, which requires shared functional elements (drives, parking, pedestrian connections, etc.) shall not be further divided to create separate fee simple ownership, regardless of the ability of the subdivision plat or Certified Survey Map meeting the regulations of the subdivision regulations. Only developments approved as a planned unit development and specifically designed for fee simple ownership shall be permitted to be divided for fee simple ownership.
(Code 1976, § 18.35.050) :::
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Sec. 42-418. Site amenity standards.
aPurpose. The intent of the following regulations is to further the goal of providing additional amenities for residents within multifamily housing structures and complexes. Creating developments that provide amenities to improve the minimum living standards for those residents who reside in multifamily housing is paramount. As such, the following development standards shall apply.
1At least one five-foot-wide sidewalk shall be provided between the primary entrance to any building and existing or planned public sidewalks, mid-block walkways, bike trails and parking areas.
2All residential units shall be provided with a private open space of at least 32 square feet in area. This can be accomplished through construction of a patio space or a balcony for an upper-story unit.
3If more than one building is proposed on a site or multiple adjoining sites are proposed for building development, on-site sidewalk links shall be provided between buildings and amenities on a site. Said sidewalks shall be a minimum of five feet wide and designed to provide convenient pedestrian access. Public sidewalks may satisfy this requirement if deemed appropriate by the Site Plan Review Coordinator.
4All parking, sidewalks, plazas, patios, and any other hard-surfaced site improvement shall comply with the standards of the Americans with Disabilities Act.
5Accommodations shall be made for bicycle access and parking.
6If more than 50 units are to be developed on one site or adjoining sites, the site plan shall be reviewed by the Janesville Transit System (JTS) for consideration of creating a transit stop. If deemed necessary by JTS, a transit stop shall be constructed as part of the development or within the adjoining public right-of-way. Any such transit stop shall be connected to the development or site by an appropriate sidewalk. The cost and ongoing maintenance of any such transit stop shall be paid for by the developer and/or property owner.
7Multifamily developments containing more than 50 units either on a single lot or multiple lots shall include site amenities which are commensurate with the scale of the project in land area, number of units and the anticipated market for the project as listed below. The design of any such amenities shall be functional, inviting and compatible with the adjoining structures and uses. Such amenities include:
a. Porch/balcony swings.
b. Benches.
c. Large patio/congregation areas.
d. Playgrounds.
e. Tennis/basketball courts.
f. Clubhouses/party or meeting room.
g. Site internal walkway systems and/or exercise trails.
h. Indoor workout/weight training/aerobics space.
i. Garden plots.
bEnhancement of stormwater detention facilities designed for and maintained as a site amenity.
(Code 1976, § 18.35.060) :::
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Sec. 42-419. Motor vehicle standards.
Impacts from motor vehicles and necessary parking for multifamily residential uses, especially large complexes can create significant impacts on surrounding uses, especially lower density residential housing. In order to address the potential impacts from motor vehicles in multifamily developments, the following standards shall apply to multifamily residential development constructed under these regulations.
1Vehicle access for large multifamily residential development (over 200 units) 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.
2Off-street parking and loading shall be as provided in Sections 42-360 and 42-361. Parking shall be provided for visitors, in excess of the required minimum number of parking spaces. Visitor parking shall be provided at a ratio of one parking space for every eight units. The required visitor parking space cannot be assigned to an individual apartment unit.
3Parking shall not be located in any front or corner side yard setback area.
4If a structure includes over 30 units, at least 40 percent of the required parking shall be located within secured, underground parking. Such parking shall be located either underneath the structure or underneath a green area on the site. Building footprints shall not be significantly raised or stilted to accommodate parking underneath the structure.
5No driveway or paved vehicular surface may be located within ten feet of any multiple-family residential structure or within five feet of any property line.
6Required parking provided in an enclosed garage cannot be separately leased to tenants.
7Consideration shall be given to the use of non-reflective parking lot surfacing materials.
8All parking lots, driveways and other paved surfaces shall be properly striped, marked and signed to adequately define parking stalls, drive lanes, turning movements, fire lanes, prohibited movements or parking and any other such instructions necessary to facilitate safe pedestrian and motor vehicle movement. All such markings shall be designed and installed to place priority on pedestrian movements rather than motor vehicle movement.
9All pavement stripping, markings and signage shall be permanently maintained in order to provide for continual and safe pedestrian, bicycle and vehicle movements.
10Consideration shall be given to the use of best management practices for stormwater run-off. The use of on-site retention, rainwater gardens and other mitigation methods or strategies designed to reduce off-site stormwater run-off shall be incorporated into site development plans. All such proposals shall include management plans for any on-site water storage.
11For parking lots containing more than 25 stalls, poured in place concrete or equivalent curbing shall be installed in all high vehicle volume areas of the lot in order to define traffic movements, protect pavement edges and prevent disturbance or destruction of green areas and landscaping, to prevent erosion and to protect pedestrians. Said curbing shall be six inches tall and shall contain barrier free design facilities where necessary and appropriate.
(Code 1976, § 18.35.070) :::
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Sec. 42-420. Severability.
It is hereby declared to be the intention of the City Council that the provisions of this article are severable in accordance with the following:
1If any court of competent jurisdiction shall adjudge any provision of this article to be invalid, such judgment shall not affect any other provision of this article not specifically included in the judgment.
2If any court of competent jurisdiction shall adjudge invalid the application of any provision of this article to a particular property, building, or structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in the judgment.
(Code 1976, § 18.35.080) :::
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Secs. 42-421---42-438. Reserved.
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ARTICLE XIII. ZONING DISTRICTS AND MAPS
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Sec. 42-439. Zoning districts and maps.
aGeneral requirements for districts.
1Zoning districts established. In order to carry out the purposes and provisions of this article, the following zoning districts are established:
a. Residence districts.
1. R1 Single-Family and Two-Family Residence District.
2. R1D Two-Family Residence District.
3. R2 Limited General Residence District.
4. R3M Medium Density Residence District.
5. R3 General Residence District.
6. R4 Central Residence District.
b. Office/residence districts.
1. O1 Office/Residence District.
2. O2 Central Office/Residence District.
3. O3 Neighborhood Office District.
c. Business districts.
1. B1 Neighborhood Convenience District.
2. B2 Community Shopping District.
3. B3 General Commercial District.
4. B4 Business Highway.
5. B5 Central Business District.
6. B6 Central Service District.
7. BT Business Technology District.
d. Industrial districts.
1. M1 Light Industrial District.
2. M2 General Industrial District.
3. M3 Central Light Industrial District.
4. M4 Central General Industrial District.
e. Special purpose districts.
1. A Agriculture District.
2. M Mining District.
3. C Conservancy District.
f. Overlay districts.
1. F Floodplain Overlay District.
2. P Parking Overlay District.
3. H Historic Overlay District.
bZoning 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.
cRules 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) :::
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Sec. 42-440. Residence districts.
aGeneral requirements.
1A 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:
a. Uses lawfully established on the effective date of the ordinance codified in this chapter; and
b. 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.
2Green 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.
3Open 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.
4Parking of camping and recreational equipment on private residential property.
a. Any owner of camping and recreational equipment may park or store such equipment on private residential property subject to the following conditions:
1. At no time shall such parked or stored camping and recreational equipment be occupied or used for living or housekeeping purposes.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. No more than two camping and recreational equipment vehicles designed for human habitation shall be permitted on any one lot.
b. 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.
5Established 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.
6Setbacks 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:
a. Any yard abutting a street: 25 feet;
b. Side yard (unattached end of each unit): eight feet;
c. Rear yard (area behind each unit): 25 feet.
7Greater 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.
8Use of trucks, travel trailers or mobile homes.
a. 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;
b. The following vehicles are exempt from the maximum weight restriction in this section:
1. Human service vehicles as defined in Wis. Stats. § 340.01(23g) as from time to time amended or renumbered.
2. Registered vehicles bearing antique license plates issued by the State of Wisconsin.
3. Registered vehicles bearing collector license plates issued by the State of Wisconsin.
4. Registered vehicles bearing hobbyist license plates issued by the State of Wisconsin.
5. Medium-duty wrecker tow trucks or flat beds that are currently on-call through the no-preference tow rotation and meet the following requirements:
iDo not have a towed vehicle attached to or at the property.
iiParked in the driveway not encroaching onto the sidewalk or public right-of-way.
iiiThe address of the on-call employee has been previously provided to the City of Janesville.
ivA home occupation is not being conducted at a residential location.
9Driveway 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.
10Revocation 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.
11Standards for single-family dwellings. Single-family dwellings, except those in designated mobile home parks, shall satisfy all of the following criteria:
a. Installed on an enclosed permanent foundation;
b. Minimum floor area excluding the garage, decks, porches, and basement: 800 square feet of heated living space;
c. Minimum width of short side of dwelling: 24 feet;
d. Minimum core area of heated living space: 24 feet by 24 feet;
e. Pitched roof required with a minimum slope of three inches in height for each foot of width;
f. 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;
g. 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
h. 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.
12Enclosure 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:
a. 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;
b. 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;
c. 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.
13Temporary 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. 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.
b. 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.
c. 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.
d. 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.
e. 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.
f. 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.
g. 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.
h. 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.
i. 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.
bDistrict requirements.
1R1 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.
a. Permitted uses.
1. Single-family dwellings;
2. Parks, playgrounds and open spaces;
3. Schools: elementary, junior high and senior high;
4. Church facilities but not including related convention or assembly facilities or the storage of buses or other motor vehicles on the premises;
5. Home occupations in accord with Section 42-275;
6. Community living arrangements for eight or fewer individuals and adult family homes subject to the following provisions:
iThose 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;
iiThose 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;
7. 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;
8. Family day care homes;
9. Bed and breakfast establishments for one to four boarders.
b. Conditional uses. The following may be allowed in R1 District subject to the provisions of Section 42-272, conditional uses:
1. 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;
2. Pre-schools, day care centers and nursery schools;
3. Community living arrangements for nine to 15 residents, provided the following conditions are met:
iThose 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;
iiThose 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;
iiiThe 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;
ivSuch facility shall be located on a lot of no less than 12,000 square feet in area;
4. Planned unit developments, as provided for in Section 42-274, for uses permitted in the R1 district;
5. 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;
6. Community facilities, such as, public community centers, public recreation facilities;
7. Bed and breakfast establishments for five to eight boarders, provided that the following conditions are met:
iThe establishment has a valid permit from the County Health Department;
iiThe establishment is located in an owner-occupied, single-family dwelling;
iiiNo outside employees are permitted;
ivThe 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;
vOne parking stall shall be provided for each boarding room in addition to the two required for the principal residence;
viAny site signage shall be limited to four square feet in size, shall have no illumination and shall be less than five feet in height;
viiLength of stay shall not exceed 14 consecutive days for each registered boarder;
8. 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;
9. 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:
iCorner lots;
iiLots 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;
iiiLots 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;
ivLots identified as appropriate for two-family dwellings shall generally not exceed 20 percent of all the lots in the final plat;
vLots 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;
viGenerally, 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;
viiFor 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;
viiiExceptions.
A. 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;
B. 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;
C. 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.
c. Lot area.
1. Single-family detached: not less than 7,700 square feet;
2. Two-family detached: not less than 10,000 square feet.
d. Lot width. Not less than 70 feet as measured at the setback line.
e. Minimum setback requirements for principal use.
1. Front yard: 25 feet;
2. Side yard: Eight feet;
3. Rear yard: 25 feet (except corner lots);
4. Corner side yard: 25 feet from all street lines;
5. 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.
f. Minimum setback requirements for accessory structures.
1. Front yard: as set forth in Section 42-119, as from time to time amended or renumbered;
2. Side yard: two feet plus the eave (except as provided in Section 42-363);
3. Corner side yard: 25 feet from all street lines;
4. Rear yard: two feet, plus the eave.
g. Green area. 25 percent of the gross lot area shall be devoted to green area;
h. 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;
i. Maximum building height. Two and one-half stories or 30 feet, whichever is greater;
j. Off-street parking shall be provided as regulated in Section 42-360.
2R1D 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.
a. Permitted uses.
1. Any use permitted in the R1 District.
2. 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.
b. Conditional uses. The following may be allowed in R1D District subject to the provisions of Section 42-272:
1. 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;
2. Pre-school, day care centers and nursery schools;
3. Community living arrangements for nine to 15 residents, provided the following conditions are met:
iThose 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 arrangements or adult family home;
iiThose 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;
iiiThe 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;
ivSuch facility shall be located on a lot of no less than 12,000 square feet in area.
4. Planned unit developments as provided for in Section 42-274, for uses permitted in the R1 District;
5. 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;
6. Community facilities, such as: public community centers, public recreation facilities;
7. Bed and breakfast establishments;
8. 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.
c. Lot area.
1. Single-family dwelling: not less than 7,700 square feet;
2. Two-family dwelling: not less than 10,000 square feet.
d. Lot width. Not less than 70 feet as measured at the setback line.
e. Minimum setback requirements for principal use.
1. Front yard: 25 feet;
2. Side yard: Eight feet;
3. Rear yard: 25 feet (except corner lots);
4. Corner side yard: 25 feet from all street lines;
5. 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.
f. Minimum setback requirements for accessory structures.
1. Front yard: as set forth in Section 42-119, as from time to time amended or renumbered;
2. Side yard: two feet plus the eave (except as provided in Subsection (b) of Section 42-363);
3. Corner side yard: 25 feet from all street lines;
4. Rear yard: two feet plus the eave.
g. Green area. 25 percent of the gross lot area shall be devoted to green area.
h. 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.
i. Maximum building height. Two and one-half stories or 30 feet, whichever is greater.
j. Off-street parking. Off-street parking shall be provided as regulated in Section 42-360.
3R2 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.
a. Permitted uses. Any use permitted in the R1 District.
b. Conditional uses. The following may be allowed in R2 District subject to the provisions of Section 42-272:
1. Conditional uses permitted in the R1 District;
2. Planned unit developments as provided for in Section 42-274, for uses permitted in the R2 District.
c. Lot area.
1. Single-family detached: not less than 5,000 square feet;
2. Two-family detached: not less than 8,000 feet.
d. Lot width. Not less than 50 feet, as measured at the setback line.
e. Minimum setback requirements for principal use.
1. Front yard: 25 feet;
2. Side yard: Eight feet;
3. Rear yard: 25 feet (except corner lots);
4. Corner side yard: 25 feet from all street lines;
5. 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.
f. Minimum setback requirements for accessory structures.
1. Front yard: As set forth in Section 42-119, as from time to time amended or renumbered;
2. Side yard: Two feet plus the eave (except as provided in Section 42-363);
3. Corner side yard: 25 feet from all street lines;
4. Rear yard: Two feet, plus the eave.
g. Green area. 25 percent of the gross lot area shall be devoted to green area.
h. 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.
i. Maximum building's height. Two and one-half stories or 30 feet, whichever is greater.
j. Off-street parking. Off-street parking shall be provided as regulated in Section 42-360.
4R3M 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.
a. Permitted uses.
1. Any use permitted in the R2 District;
2. Two-family dwellings;
3. Multiple-family dwellings containing no more than five units per building.
b. Conditional uses. The following may be allowed in the R3M District subject to the provisions of Section 42-272, conditional uses:
1. Conditional uses permitted in the R2 District;
2. Planned Unit Developments as provided for in Section 42-274 for uses permitted in the R3M District;
3. Multiple-family dwellings containing six to eight units per building;
4. Community living arrangements for more than 15 residents, provided the following conditions are met:
iThose 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.
iiThose 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.
iiiThe facility shall be adequately designed and landscaped to be in keeping with the neighborhood and to prevent an institutional setting.
ivThe 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.
c. Lot area.
1. Single-family detached: not less than 5,000 square feet.
2. Two-family: not less than 8,000 square feet.
3. 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.
d. Lot width. Not less than 50 feet, as measured at the front setback line.
e. Minimum setback requirements for principle uses.
1. Front yard: 25 feet;
2. Side yard: Eight feet for single-family and two-family units.
3. Side yard, ten feet for three or more units and nonresidential uses;
4. Rear yard: 25 feet (except corner lots);
5. Corner side yard: 25 feet from all street lines;
6. 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.
f. Minimum setback requirements for accessory structures.
1. Front yard: As set forth in Section 42-119, as from time to time amended or renumbered;
2. 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;
3. Corner side yard: 25 feet from property lines;
4. Rear yard: Two feet plus the eave width for single- and two-family dwellings and ten feet for all other purposes.
g. Green area. 25 percent of the gross lot area shall be devoted to green area.
h. 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.
i. Maximum building height. Two and one-half stories or 30 feet, whichever is greater.
j. Off-street parking. Off-street parking shall be provided as regulated in Section 42-360.
5R3 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.
a. Permitted uses.
1. Any use permitted in the R2 District;
2. Two-family dwellings;
3. Multiple-family dwellings, after a favorable recommendation by the Site Plan Review Committee;
4. Community living arrangements for 15 or fewer residents and adult homes, subject to the following provisions:
iThose 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.
iiThose 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.
iiiCommunity living arrangements for nine to 15 residents shall be located on a lot containing at least 12,000 square feet.
b. Conditional uses. The following may be allowed in the R3 District subject to the provisions of Section 42-272:
1. Conditional uses permitted in the R2 District.
2. Community living arrangements for more than 15 residents, provided the following conditions are met:
iThose 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.
iiThose 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.
iiiThe facility shall be adequately landscaped and designed to be in keeping with the neighborhood and to prevent an institutional setting.
ivThe 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.
3. Colleges, universities, and schools that provide residence halls for on-campus living.
4. Cemeteries.
5. Mausoleums provided the mausoleum located within a cemetery.
6. Planned unit developments as provided for in Section 42-274 for uses permitted in the R3 District.
7. Roominghouses, boardinghouses or lodginghouses.
8. Nursing homes, rest homes for the elderly and convalescing.
9. 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.
c. Lot area.
1. 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
2. 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.
3. 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\ Where 2\
Stalls/Unit\ Stalls/Unit\
is Required 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
d. Lot width. Not less than 50 feet, as measured at the setback line.
e. Minimum setback requirements for principal use.
1. Front yard: 25 feet;
2. Side yard: eight feet for single- and two-family units. Side yard: ten feet for three or more units and nonresidential uses;
3. Rear yard: 25 feet (except corner lots);
4. Corner side yard: 25 feet from all street lines;
5. 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.
f. Minimum setback requirements for accessory structures.
1. Front yard: as set forth in Section 42-119, as from time to time amended or renumbered;
2. Side yard: two feet plus the eave (except as provided in Section 42-363);
3. Corner side yard: 25 feet from street lines; rear yard, two feet plus the eave.
g. Green area. 25 percent of the gross lot area shall be devoted to green area.
h. Maximum building height. None.
i. Off-street parking shall be provided as regulated in Section 42-360.
6R4 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.
a. Permitted uses. Uses permitted in the R3 District.
b. Conditional uses. Conditional uses permitted in R3 District except mobile home courts.
c. Lot area.
1. 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
2. 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.
3. 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\ Where 2\
Stalls/Unit\ Stalls/Unit\
is Required 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
d. Lot width. None.
e. Minimum setback requirements for principal use.
1. Front yard: 25 feet;
2. Side yard: Eight feet for single- and two-family units. Side yard, ten feet for three or more units and nonresidential uses;
3. Rear yard: 25 feet (except corner lots);
4. Corner side yard: 25 feet from all street lines;
5. 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.
f. Minimum setback requirements for accessory structures.
1. Front yard: As set forth in Section 42-119, as from time to time amended or renumbered;
2. Side yard: Two feet plus the eave (except as provided in Section 42-363);
3. Corner side yard: 25 feet from street lines;
4. Rear yard: Two feet plus the eave.
g. Green area. Twenty-five percent of the gross lot area shall be devoted to green area.
h. 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.
aGeneral 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.
1Permitted 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.
2Nonconforming 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.
3Conditional 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.
4Outside 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.
5Use of trucks, travel trailers or mobile homes as principal or accessory uses.
a. No truck, travel trailer, or mobile home or similar vehicle shall be permitted in office/residence districts as a principal building.
b. 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:
1. Such vehicle is completely screened from view;
2. Such vehicle is used as a construction office, parked on the construction site and only for the duration of the construction; or
3. Seasonal sales not exceeding six weeks and subject to outside display of merchandise in Subdivision (4) of this section.
6Green area.
a. 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.
b. 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:
1. The quality and size of landscape plantings within the green areas provided on-site, and installation of terrace trees within the adjoining terrace;
2. Redevelopment sites where the ability of providing green area in front of the building is limited; and
3. The amount of green area provided in front of the building over the minimum requirement.
c. 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.
7Enclosure of refuse storage area. Trash or refuse storage areas are permitted outside the principal building, provided that:
a. 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;
b. 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;
c. 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.
8Driveway 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 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.
9Setback. 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.
10Setbacks 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:
a. Any yard abutting a street: 25 feet;
b. Side yard (unattached end of each unit): eight feet;
c. Rear yard (area behind each unit): 25 feet.
11Standards for single-family dwellings. Single-family dwellings, except those in designated mobile home parks, shall satisfy all of the following criteria:
a. Installed on an enclosed permanent foundation;
b. Minimum floor area, excluding the garage, decks, porches, and basement: 800 square feet of heated living space;
c. Minimum width of short side of dwelling: 24 feet;
d. Minimum core area of heated living space: 24 feet by 24 feet;
e. Pitched roof required with a minimum slope of three inches in height for each foot of width;
f. 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;
g. 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
h. 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.
bDistrict requirements.
1O1 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.
a. 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.
b. Permitted uses.
1. Single- and two-family dwellings;
2. Offices, business, professional and public;
3. Libraries;
4. Art galleries, museums and cultural institutions;
5. Clubs and lodges, private, religious or fraternal;
6. Medical and dental clinics;
7. Educational and institutional uses (public and hilanthropic);
8. Funeral homes;
9. 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:
iFront yard: 25 feet;
iiCorner, side yard: 25 feet;
iiiAny yard abutting a street: 25 feet;
ivSide yard: ten feet or none if common party fire wall provided;
vRear 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:
iThose 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;
iiThose 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;
iiiCommunity 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.
c. Conditional uses. The following may be allowed in the O1 District subject to the provisions of Section 42-272:
1. 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;
2. Planned unit developments as provided for in Section 42-274 for permitted and conditional uses in the O1 District;
3. Community living arrangements for more than 15 residents, provided the following conditions are met:
iThose 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;
iiThose 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;
iiiThe facility shall be adequately landscaped and designed to be in keeping with the neighborhood and to prevent an institutional setting;
ivThe 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;
4. Banks and other types of financial institutions with drive-in facilities;
5. Private outdoor recreational activity accessory to a listed permitted use;
6. 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;
7. Lodginghouses, roominghouses and boardinghouses;
8. Residential shelter care facilities;
9. Large developments as defined by having any one of the following characteristics:
iAny development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;
iiAny 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;
iiiAny 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.
d. Lot area.
1. Residential uses.
iSingle-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
iiThree- 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,
iiiNine 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\ Where 2\
Stalls/Unit\ Stalls/Unit\
is Required 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
2. Nonresidential uses. None.
e. Lot width. None.
f. Minimum setback requirements for principal use.
1. Front yard: 25 feet;
2. Side yard: eight feet;
3. Rear yard: 25 feet (except corner lots);
4. Corner side yard: 25 feet from all streets lines;
5. 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;
6. 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.
g. Minimum setback requirements for accessory uses.
1. Front yard: five feet to the rear of the principal building;
2. Side yard: two feet, plus the eave (except as provided in Section 42-363);
3. Corner side yard: 25 feet from all street lines;
4. Rear yard: two feet plus the eave.
h. Maximum building height. None.
i. Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area.
j. 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.
k. Off-street parking and loading shall be as provided in Sections 42-360 and 42-361.
2O2 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.
a. 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.
b. Permitted uses.
1. Uses permitted in the O1 District;
2. 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.
c. Conditional uses. Conditional uses permitted in the O1 District.
d. Lot area.
1. Residential uses.
iSingle-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
iiThree- 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.
iiiNine 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\ Where 2\
Stalls/Unit\ Stalls/Unit\
is Required 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
2. Nonresidential uses. None.
e. Lot width. None.
f. 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:
1. Side yard: eight feet;
2. Rear yard: 25 feet.
The above setback requirements shall apply only to that portion of the lot adjoining the residence district.
g. Maximum height. None.
h. 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.
3O3 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.
a. General provisions.
1. Generally, the O3 District shall be mapped in quantities not exceeding five acres;
2. 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;
3. Retail and commercial services are prohibited except where clearly accessory to a listed permitted use;
4. 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.
b. Permitted uses.
1. Offices, business, professional and public;
2. Medical and dental clinics;
3. Funeral homes;
4. Churches;
5. Public libraries;
6. 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;
7. Interior design studios, art studios and photographic studios.
c. Conditional uses. The following may be allowed in the O3 District subject to the provisions of Section 42-272, conditional uses:
1. 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.
2. Planned unit developments as provided in Section 42-274 for permitted and conditional uses in the O3 District.
3. Retail and commercial service uses accessory to listed permitted or conditional uses.
4. Large developments as defined by having any one of the following characteristics:
iAny 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.
iiAny development that contains more than one building per site, lot or parcel.
5. One-story principle buildings between 5,000 and 10,000 gross square feet in size;
6. Fire stations;
7. Day care centers (nine or more children).
d. Minimum lot area. None.
e. Minimum lot width fronting a public street. None.
f. Maximum building size.
1. Principal buildings. 5,000 square feet per floor and 10,000 square feet total except as provided in Subsection (c) of this section.
2. Accessory buildings. 750 square feet.
Only one accessory building is permitted per lot or parcel.
g. 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.
h. Minimum setbacks. Minimum setbacks required from the property line to principal and accessory buildings, structures, and uses and off-street parking:
1. Front yard, corner yard and any other property line adjoining a public street right-of-way line: 25 feet;
2. Side yard: ten feet;
3. Rear yard: 25 feet except for corner lots, which shall be treated as having two side yards;
4. Adjoining a residence district: 25 feet or equal in dimension to the height of the building, whichever is greater;
5. 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.
i. 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.
j. 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.
k. 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.
1. Standards of this section that are more restrictive than those found in Chapter 28 shall prevail.
2. 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.
3. On-premises ground signs shall comply with the following regulations:
iThe 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:
A. All property corners located at street intersections and along all side property lines; and
B. 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.
iiThe 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.
iiiNo more than one such ground sign shall be permitted or located per parcel.
ivGround signs shall not exceed six feet in height.
vChangeable message boards or signs are not permitted as separate signs or components of a primary sign.
4. 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.
5. 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.
aGeneral 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.
1Permitted 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.
2Nonconforming 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.
3Conditional 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.
4Outside display of merchandise.
a. 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.
b. 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.
5Use of trucks, travel trailers or mobile homes as principal or accessory uses.
a. No truck, travel trailer, mobile home or similar vehicle shall be permitted in business districts as a principal building.
b. 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:
1. Such vehicle is completely screened from view;
2. 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.
6Green area.
a. 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.
b. 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:
1. The quality and size of landscape planting within the green areas provided on-site, and installation of terrace trees within the adjoining terrace;
2. Redevelopment sites where the ability of providing green area in front of the building is limited; and
3. The amount of green area provided in front of the building over the minimum requirement.
c. 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.
7Enclosure of refuse storage area. Trash or refuse storage areas are permitted outside the principal building, provided that:
a. 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.
b. 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.
c. 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.
8Driveway 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.
9Screening. 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.
10Setback. 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.
bDistrict requirements.
1B1 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.
a. General conditions.
1. All business establishments shall be office, retail or service establishments dealing directly with consumers.
2. 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.
3. 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.
4. Hospitals are prohibited.
b. Permitted uses.
1. Any use permitted in O3 District except as specified in Subsection (b)(1)a of this section;
2. Apparel and apparel accessory stores;
3. Art and craft stores;
4. Banks and other types of financial institutions;
5. Barbershops;
6. Beauty shops;
7. Book, stationery, newspaper or magazine stores;
8. Camera and photographic stores;
9. 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.
c. Conditional uses. The following may be allowed in B1 District subject to the provisions of Section 42-272:
1. 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;
2. 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;
3. Private outdoor recreational activity accessory to a listed permitted use;
4. 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;
5. 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;
6. Large developments as defined by having any one of the following:
iAny development containing a building of more than 15,000 gross square feet.
iiAny 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, improvements, design theme or elements, or development or subdivision name.
iiiAny development which contains more than one building per site, lot or parcel.
d. Minimum lot area. None.
e. Minimum lot width fronting a public street. 100 feet.
f. 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.
g. 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.
h. 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.
1. Major U.S. or state highways.
iSpecial 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
iiSetback 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.
2. Local street.
iFront yard, corner yard and any other property line adjoining a public street right-of-way line: 25 feet;
iiSide yard: ten feet or none if common party fire wall is provided;
iiiRear yard: ten feet except corner lots which will be treated as having two side yards;
ivAdjoining 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.
3. 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 set back shall be ten feet.
i. 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.
j. 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.
k. 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.
1. Standards of this section that are more restrictive than those found in Chapter 28 shall prevail.
2. 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.
3. On-premises ground signs shall comply with the following regulations:
iThe 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:
A. All property corners located at street intersections and along all side property lines; and
B. 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.
iiThe 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.
iiiNo more than one such ground sign shall be permitted or located per parcel.
ivGround 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.
4. 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.
5. Within this district, window signs shall be considered wall signs and thus subject to all regulations pertaining to wall signs.
2B2 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.
a. General conditions.
1. All business establishments shall be retail or service establishments dealing directly with consumers.
2. Dwelling units are permitted only above the first floor except in the following two situations:
iA 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;
iiLodging rooms shall be permitted on the first floor of a hotel or motel.
b. Permitted uses.
1. Any use permitted in B1 District;
2. Antique shops;
3. Appliance stores, household;
4. Arcade establishments with mechanical amusements;
5. Art and school supply stores;
6. Automobile supply store, retail sales only;
7. Banks and financial institutions having no drive-in facilities;
8. Bicycle sales, rental and repair;
9. 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.
c. Conditional uses. The following may be allowed in B2 District subject to the provisions of Section 42-272:
1. Animal hospitals and veterinary services in enclosed buildings;
2. Archery lanes;
3. Bowling alleys;
4. Drive-in banks and other types of financial institutions with drive-in facilities;
5. Drive-in restaurants;
6. Hospitals;
7. Hotels;
8. Motels;
9. 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. 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.
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:
iApproval 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.
iiLocation. 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
iiiPlan 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:
A. 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?
B. 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?
C. Will the proposed station comply with all applicable standards presented herein or with other applicable laws or codes?
D. 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.
ivStandards.
A. Lot area.
1Gasoline dispensing station: 10,000 feet;
2Gasoline dispensing and service: 10,000 square feet, 2,000 square feet per bay.
B. Lot width.
1Gasoline dispensing station: 100 feet;
2Gasoline dispensing and service: 120 feet.
C. General provisions.
1All activities necessary for or incidental to the operation of the station shall be conducted entirely within the building with the following exceptions:
aEmergency services and tire changing;
bDispensing of gasoline and those minor service functions which are customarily performed while dispensing gasoline.
2Seasonal 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:
aOutside 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.
bCoin-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.
D. 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:
1A complete set of plans as required in site plan review Subsection (d) of Section 42-273 that show compliance with:
aLocation: Subsection (b)(2)c.15(ii) of this section;
bDriveway openings: Subsection (a)(8) of this section;
cGreen area requirements: Subsection (a)(6) of this section;
dSign ordinance: Chapter 28;
eGeneral provisions: Subsection (b)(2)c.15(iv) of this section.
2A 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:
iAny development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation.
iiAny 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
iiiAny development that contains more than one building per site, lot or parcel.
d. Lot area. None.
e. Lot width. None.
f. Maximum building height. None.
g. Minimum setback requirements. The requirements for setbacks in the B2 District shall be the same provided in the B1 District.
h. 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.
i. Off-street parking and loading. Provided as regulated in Sections 42-360 and 42-361.
3B3 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.
a. General conditions.
1. Dwelling units are permitted only above the first floor, except that in a hotel or motel, lodging rooms are permitted on the first floor.
2. All business establishments shall be retail or service establishments unless otherwise provided herein.
b. Permitted uses.
1. Any use permitted in the B2 District, except as specified in Subsection (b)(3)a of this section;
2. Amusement establishments within enclosed buildings: Bowling alleys, gymnasiums, swimming pools, skating rinks, handball court, archery lanes, tennis courts and other similar uses;
3. Animal hospital or veterinary services, provided all kennels are within completely enclosed buildings;
4. Auction rooms;
5. Automobile rental;
6. Automotive repair shops but not body shops;
7. Bakeries with retail, wholesale and garage facilities;
8. Boat storage, sales and repairs and uses incidental thereto;
9. 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.
c. Conditional uses. The following may be allowed in B3 District subject to the provisions of Section 42-272.
1. Planned unit developments as provided for in Section 42-273 for permitted and conditional uses in the B3 District;
2. Gasoline service stations in accordance with Subsection (b)(2)c.14 of this section;
3. Feed stores;
4. Kennels;
5. Drive-in establishments:
iRestaurants;
iiBanks and financial institutions;
iiiCarwashes;
ivTheaters;
vHospitals;
viBody shops;
viiWelding shops;
viiiWholesale establishments;
6. 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;
7. Storage and warehousing establishments;
8. Building material sales with accessory outdoor display of merchandise within a screened area as approved by the Plan Commission;
9. 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:
iAll storage materials shall be kept entirely within the buildings. No outdoor storage is permitted;
iiThe 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:
iAny development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;
iiAny 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;
iiiAny development that contains more than one building per site, lot or parcel;
18. Brewpubs.
d. Lot area. None.
e. Lot width. None.
f. Maximum building height. None.
g. Minimum setback requirements:
1. Front yard: 25 feet;
2. Corner side yard: 25 feet;
3. Side yard: Ten feet or none if a common party fire wall is provided;
4. 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.
h. Green area. Not less than ten percent of the gross lot area shall be permanently set aside, planted and maintained as green area.
i. Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.
4B4 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.
a. 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.
b. Permitted uses.
1. Any use permitted in the B3 District.
2. 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:
iSuch 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.
iiThe 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.
c. Conditional uses. The following may be allowed in B4 District subject to the provisions of Section 42-272:
1. Gasoline service stations subject to provisions of Subsection (b)(2)c.14 of this section;
2. Feed stores;
3. Kennels;
4. Drive-in establishments:
iRestaurants;
iiBanks and financial institutions;
iiiCarwashes;
ivTheaters;
5. Body shops;
6. Welding shops;
7. Travel trailer parks with recommendation by the Plan Commission and approval by City Council in accordance with the provisions of Section 42-276;
8. Building material sales with accessory outdoor display of merchandise within a screened area as approved by the Plan Commission;
9. 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. 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;
16. Lodginghouses, roominghouses or boardinghouses located above the first floor;
17. Large developments as defined by having any one of the following characteristics:
iAny development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;
iiAny 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;
iiiAny 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.
d. Lot area. None.
e. Lot width. None.
f. Maximum building heights. None.
g. Minimum setback requirements. The requirements for setbacks in the B4 District shall be the same as provided in the B2 District.
h. Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area.
i. Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.
5B5 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.
a. General conditions.
1. Dwelling units are permitted only above the first floor except in the following two situations:
iLodging rooms shall be permitted on the first floor of a hotel or motel;
iiDwelling 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.
2. All business and servicing, except off-street parking and loading shall be conducted within completely enclosed buildings.
3. Except for banks and financial institutions, drive-in establishments dealing directly with consumers are prohibited.
b. Permitted uses.
1. Any use permitted in the B2 District, except as specified in Subsection (b)(5)a of this section;
2. Radio, TV and recording studios;
3. Outdoor cafe/beer garden;
4. Taverns and cocktail lounges;
5. Hotels and motels;
6. 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.
c. Conditional uses. The following may be allowed in a B5 District subject to the provisions of Section 42-272:
1. Drive-in banks or other types of financial institutions;
2. Auction rooms;
3. 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;
4. Research and development activities;
5. 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;
6. Lodginghouses, roominghouses or boardinghouses located above the first floor;
7. Large developments as defined by having any one of the following characteristics:
iAny development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;
iiAny 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;
iiiAny development that contains more than one building per site, lot or parcel;
8. Brewpubs;
9. Microbreweries with or without food sales;
10. First floor residential dwelling units, subject to the following restrictions:
iFirst 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;
iiAccess to residential dwellings may occur along front entryways of buildings adjoining Main and Milwaukee Streets in accordance with the subsections provided herein;
iiiExterior 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;
ivClear ingress and egress shall be established pursuant to all applicable building and fire codes, as amended from time to time;
vCompliance with all other applicable city codes and regulations as may be required to allow for residential occupancy of first floor areas.
d. Lot area. None.
e. Lot width. None.
f. Maximum building height. None.
g. Minimum setback requirements. None, except as provided below:
1. If a lot in the B5 District is situated adjoining a residence district, the following setback requirements shall apply:
iSide yard: eight feet;
iiRear yard: 25 feet;
2. The above setback requirements shall apply only to that portion of the lot adjoining the residence district;
h. Green area. None.
i. Off-street parking and loading. None.
6B6 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.
a. General conditions. All business, servicing excepting off-street parking and loading shall be conducted within completely enclosed buildings.
b. Permitted uses.
1. Any use permitted in the B3 District and/or B5 District;
2. Publication and newspaper printing.
c. Conditional uses. The following may be allowed in B6 District subject to the provisions in Section 42-272:
1. Drive-in establishments;
2. Gasoline service stations subject to provisions of Subsection (b)(2)c.14 of this section;
3. Body and paint shops;
4. Dams and electrical generating facilities;
5. Multifamily apartment buildings not less than two stories in height;
6. Warehouse establishments;
7. Correctional institutions;
8. Building material sales with accessory outdoor display of merchandise within a screened area as approved by the Plan Commission;
9. 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. 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;
14. Lodginghouses, roominghouses or boardinghouses located above the first floor;
15. Large developments as defined by having any one of the following characteristics:
iAny development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;
iiAny 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;
iiiAny development that contains more than one building per site, lot or parcel;
16. Brewpubs;
17. Microbreweries with or without on-site food sales.
d. Lot area. None.
e. Lot width. None.
f. Maximum building height. None.
g. Minimum setback requirements. None, except as provided below:
1. If a lot in the B6 District is situated adjoining a residence district, the following setback requirements shall apply:
iSide yard: eight feet;
iiRear yard: 25 feet.
2. The above setback requirements shall apply only to that portion of the lot adjoining the residence district;
h. Green area. Not less than five percent of the gross lot area shall be permanently set aside, planted and maintained as green area.
i. Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.
7BT 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.
a. General conditions.
1. Dwelling units are permitted only above the first floor, except that in a hotel or motel, lodging rooms are permitted on the first floor.
2. No parking is permitted in required setback areas.
3. 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.
4. 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.
5. Architectural and landscaping requirements including construction shall be in compliance with the physical development standards, Article XI of this chapter.
6. 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.
b. 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:
1. Electronic and electrical products and instruments, such as transistors, semiconductors, small computers, scanners, monitors and compact communication devices;
2. High technology products related to the fields of physics, chemistry and biology;
4. Laser technology, radiology, x-ray and ultrasound products, manufacturing and assembly;
5. Medical and dental supplies;
6. Optical, fiber optical and photographic products and equipment;
7. Orthopedic and medical appliances, such as artificial limbs, brace supports and stretchers;
8. Scientific and precision instruments and components, including robotics;
9. 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);
c. Conditional uses. The following may be allowed in the BT District subject to the provisions of Section 42-272:
1. Public utility uses, such as, electric substations, water reservoirs, fire stations, telephone transmission equipment buildings, telephone exchanges and gas regulator stations.
2. Planned unit developments as provided in Section 42-274 for permitted and conditional uses in the BT District.
3. Private outdoor recreational activities, accessory to listed permitted uses.
4. Drive-up or drive-through facilities in conjunction with any use permitted within the district.
5. Banquet facilities and convention centers.
6. 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.
d. Lot area. One acre.
e. Lot width. 100 feet.
f. Minimum setback requirements. The requirements for setbacks in the BT District shall be the same provided in the B1 District.
g. Maximum building height. None.
h. Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area.
i. 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.
j. Off-street parking and loading. As provided in Sections 42-360 and 42-361.
k. 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) :::
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Sec. 42-443. Industrial districts.
aGeneral requirements. Industrial district regulations are intended to govern the development and use of a full range of industrial establishments.
1Permitted 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.
2Nonconforming 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.
3Conditional 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.
4Green area.
a. 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.
b. 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:
1. The quality and size of landscape plantings within the green areas provided on-site, and installation of terrace trees within the adjoining terrace;
2. Redevelopment sites where the ability of providing green area in front of the building is limited; and
3. The amount of green area provided in front of the building over the minimum requirement.
c. 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.
5Driveway 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.
6Screening. 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.
7Enclosure of refuse storage area. Trash or refuse storage areas are permitted outside the principal building, provided that:
a. 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;
b. 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;
c. 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.
bDistrict requirements.
1M1 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.
a. General conditions.
1. Residential uses are prohibited except for watchman's quarters. Retail sales are prohibited except if incidental to the primary industrial use.
2. 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.
b. Permitted uses.
1. Agriculture;
2. Any production, processing, assembling, cleaning, servicing, testing;
3. Building material sales;
4. Bakery, dairy and other food products;
5. Bottling or distribution plants, milk or soft drinks;
6. Cleaning and dyeing establishments;
7. Contractors' offices and shops;
8. Parks, playgrounds and open spaces;
9. 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.
c. Conditional uses. The following may be allowed in the M1 District subject to the provisions of Section 42-272:
1. Industrial planned unit developments;
2. Airports and heliports and aircraft landing fields;
3. Railroad freight terminals, switching;
4. Motor freight terminals;
5. Commercial uses if they are incidental to a permitted use;
6. Correctional institutions;
7. Archery lanes and rifle and pistol ranges within an enclosed building that has met the minimum NRA standards for safe ranges;
8. 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;
9. 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.
d. Lot area. None.
e. Lot width. None.
f. Maximum building height. None.
g. Minimum setback requirements.
1. Front yard: 50 feet;
2. Corner side yard: 50 feet;
3. Side yard: ten feet or none if a common party fire wall is provided;
4. Rear yard: 25 feet;
5. 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.
h. Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area.
i. Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.
2M2 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.
a. General conditions.
1. Residential uses are prohibited except for watchman's quarters. Retail sales are prohibited except if incidental to the primary industrial use.
2. 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.
3. 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.
b. Permitted uses. Any use permitted in M1 District.
c. Conditional uses. The following may be allowed in M2 District subject to the provisions of Section 42-272:
1. Industrial planned unit developments;
2. Airports and heliports and aircraft landing fields;
3. Asphalt and concrete batching or ready-mix plants located no closer than 500 feet from a residence district;
4. Chemical manufacturer;
5. Concrete products castings;
6. Junkyards, salvage yards, provided they are licensed by the City Council, fully screened, and located no closer than 300 feet from a residence district;
7. Motor freight terminals;
8. Restaurant or commercial uses if they are incidental to a permitted use;
9. 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. 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;
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.
d. Lot area. None.
e. Lot width. None.
f. Maximum building height. None.
g. Minimum setback requirements.
1. Front yard: 25 feet;
2. Corner side yard: 25 feet;
3. Side yard: Ten feet or none if common party fire wall provided;
4. Rear yard: 25 feet;
5. 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.
h. Green area. Not less than ten percent of the gross lot and shall be permanently set aside, planted and maintained as green area.
i. Off-street parking and loading: shall be provided as required in Sections 42-360 and 42-361.
3M3 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.
a. General conditions.
1. Residential uses are prohibited except for watchman's quarters.
2. 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.
3. 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.
b. Permitted uses.
1. Uses permitted in the M1 District.
2. Uses permitted in the B6 District.
c. Conditional uses. The following may be allowed in the M3 District subject to the provisions of Section 42-272.
1. Industrial planned unit developments;
2. Railroad freight terminals, switching yards, roundhouses;
3. Motor freight terminals;
4. 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;
5. Brewpubs;
6. Microbreweries with or without on-site food sales.
d. Lot area. None.
e. Lot width. None.
f. Maximum building height. None.
g. Minimum setback requirements.
1. Front yard: none except as provided below;
2. Corner side yard, side yard, and rear yard: none except as provided below.
iIf a lot in the M3 District is situated adjoining a residence district, the following setback requirements shall apply:
A. Side yard: eight feet;
B. Rear yard: 25 feet.
The above setback requirements shall apply only to that portion of the lot adjoining the residence district.
iiIf 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.
h. Green area. None.
i. Off-street parking and loading. shall be provided as required in Sections 42-360 and 42-361.
4M4 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 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; 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.
1. General conditions.
(i) Residential uses are prohibited except for watchman's quarters.
iiAll 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.
iiiAll 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.
2. Permitted uses.
(i) Any use permitted in the M1 District.
iiAny use permitted in the B6 District.
3. Conditional uses. The following may be allowed in the M4 District subject to the provisions of Section 42-272:
iIndustrial planned unit developments;
iiAsphalt and concrete batching or ready-mix plants located no closer than 500 feet from a residence district;
iiiChemical manufacturer;
ivConcrete products castings;
vJunkyards, salvage yards, provided they are licensed by the City Council, fully screened, and located no closer than 300 feet from a residence district;
viMotor freight terminals;
viiRailroad freight terminals, railroad;
viiiStorage of petroleum products;
ixCommunication 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.
4. Lot area. None.
5. Lot width. None.
6. Minimum setback requirements. None.
7. Setback requirements.
(i) Front yard: None except as provided below;
iiCorner side yard, side yard, and rear yard: None except as provided below.
A. 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.
B. 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.
8. Green area. None.
9. 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) :::
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Sec. 42-444. Special districts.
aGeneral 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.
1Permitted 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.
2Nonconforming 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.
3Conditional 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.
bDistrict requirements.
1A 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.
a. Permitted uses.
1. 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;
2. Forestry, nurseries, orchards, greenhouses and truck farming;
3. In-season roadside stands, offering for sale only, agricultural products produced on the premises;
4. Parks, playgrounds and open spaces;
5. Sewage lift stations, water pumping stations;
6. Public recreation facilities.
b. Conditional uses. The following may be allowed in the agriculture district subject to the provisions of Section 42-272:
1. 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;
2. Single- and two-family dwellings if used in conjunction with a permitted use;
3. 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.
c. Lot area. Not less than five acres.
d. Lot width. Average lot width not less than 330 feet.
e. 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
1. Corner side yard: 50 feet.
2. Side yard: 20 feet.
3. Rear yard: 50 feet.
2M 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.
a. General conditions.
1. Residences, businesses and industrial uses are prohibited in the Mining District unless otherwise permitted.
2. 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.
3. 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.
b. Permitted uses.
1. Mining, loading and hauling of sand, gravel, limerock, topsoil or other aggregate;
2. Parks, open space and public recreation uses;
3. Public landfill and waste disposal operations.
c. 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.
d. Lot area. None.
e. Lot width. None.
f. Minimum setback requirements. None.
g. Green area. None.
h. Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.
i. 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.
3C 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.
a. Permitted uses.
1. Public recreation facilities;
2. Sewage lift stations and water pumping stations;
3. Floodplains, greenbelts and waterways;
4. Fishing and live trapping;
5. Forestry;
6. Parks, playgrounds and open spaces.
b. Conditional uses. The following may be allowed in the conservancy district subject to the provisions of Section 42-272:
1. Agriculture uses as permitted in the agriculture district;
2. Dredging, excavating and filling of lands and removal of topsoil within floodplains;
3. Campgrounds and facilities;
4. 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;
5. 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;
6. 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.
c. Lot area. None.
d. Lot width. None.
e. Minimum setback requirements.
1. Front yard: 50 feet;
2. Corner side yard: 50 feet;
3. Side yard: ten feet;
4. Rear yard: 50 feet.
(Code 1976, § 18.36.060) :::
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Sec. 42-445. Overlay Supplemental Districts.
aGeneral 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.
bDistrict requirements.
1P 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.
2H 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:
iMake recommendations to the City Council that certain areas be designated as historic districts;
iiDevelop an Historic Overlay District plan for each district designated;
iiiEstablish guidelines and develop criteria for construction, alteration, or demolition of improvements within an Historic Overlay District;
ivDetermine an appropriate system of markers for designated historic districts;
vAdvise 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;
viReview 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;
viiGrant or deny a certificate of appropriateness to any applicant;
viiiIssue a statement of waiver when required by this section;
ixObtain 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;
xDevelop and implement rules of procedure for hearings and meetings convened by the Historic Commission;
xiPromote 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:
iThe height, gross volume, roof design and architectural details of any new or altered structure;
iiThe proportion between a building's width, height, and fenestration;
iiiThe building masses and the spaces between them;
ivMaterials, texture, colors and patterns used in improvement;
vThe landscaping;
viVisual 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.
iIn 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.
iiThe 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.
iiiThe 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.
3W 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.
iAbove ground storage tanks.
iiAsbestos product sales.
iiiAutomotive service and repair garages, body shops.
ivBlue printing and photocopying services.
vCar washes.
viLaundromats and diaper services.
viiDry cleaning.
viiiChemical manufacturing.
ixGas stations.
xHolding ponds or lagoons.
xiInfiltration ponds.
xiiNurseries, lawn and garden supply stores.
xiiiSmall engine repair services.
xivUnderground storage tanks.
xvWells, private, production, injection or other.
xviAny 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:
iCity consultant fees at the invoice amount, plus administrative costs for oversight, review and documentation.
iiThe 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.
iiiThe cost of City equipment employed.
ivThe cost of mileage reimbursed to City employees attributed to the cleanup.
vFollowing 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.
4SJO 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) :::
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Secs. 42-446---42-473. Reserved.
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ARTICLE XIV. FLOODPLAIN OVERLAY DISTRICT
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Sec. 42-474. Statutory authorization.
This article is adopted pursuant to the authorization in Wis. Stats. §§ 61.35 and 62.23, for villages and cities; Wis. Stats. §§ 59.69, 59.692, and 59.694 for counties; and the requirements in Wis. Stats. § 87.30.
(Code 1976, § 18.60.010) :::
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Sec. 42-475. Finding of fact.
Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare and tax base.
(Code 1976, § 18.60.015) :::
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Sec. 42-476. Statement of purpose.
This article is intended to regulate floodplain development to:
1Protect life, health and property;
2Minimize expenditures of public funds for flood control projects;
3Minimize rescue and relief efforts undertaken at the expense of the taxpayers;
4Minimize business interruptions and other economic disruptions;
5Minimize damage to public facilities in the floodplain;
6Minimize the occurrence of future flood blight areas in the floodplain;
7Discourage the victimization of unwary land and home buyers;
8Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and
9Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
(Code 1976, § 18.60.020) :::
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Sec. 42-477. Title.
This article shall be known as the Floodplain Zoning Ordinance for Janesville, Wisconsin.
(Code 1976, § 18.60.025) :::
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Sec. 42-478. General provisions.
aAreas to be regulated. This article regulates all areas that would be covered by the regional flood or base flood as shown on the flood insurance rate map (FIRM) or other maps approved by DNR. Base flood elevations are derived from the flood profiles in the flood insurance study (FIS) and are shown as AE, A1---30, and AH Zones on the FIRM. Other regulatory zones are displayed as A and AO zones. Regional Flood Elevations (RFE) may be derived from other studies. If more than one map or revision is referenced, the most restrictive information shall apply.
bOfficial maps and revisions. The boundaries of all Floodplain Districts are designated as A, AE, AH, AO or A1---30 on the maps based on the flood insurance study (FIS) listed below. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the flood insurance rate map (FIRM) must be reviewed and approved by the DNR and FEMA through the letter of map change process (see Section 42-487) before it is effective. No changes to RFE's on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the Office of the Planning Division, City of Janesville. If more than one map or revision is referenced, the most restrictive information shall apply.
1Official maps. Based on the FIS: flood insurance rate map (FIRM), panel numbers 55105C0090E, 55105C0177E, 55105C0179E, 55105C0181E, 55105C0182E, 55105C0183E, 55105C0184E, 55105C0187E, 55105C0189E, 55105C0191E, 55105C0192E, 55105C0193E, 55105C0194E, 55105C0201E, 55105C0202E, 55105C0203E, 55105C0204E, 55105C0208E, 55105C0211E, 55105C0212E, 55105C0306E, 55105C0307E dated September 16, 2015, with corresponding profiles that are based on the flood insurance study (FIS) dated September 16, 2015 Volume Number 55105CV001B and 55105CV002B.
cEstablishment of floodplain zoning districts. The regional floodplain areas are divided into three districts as follows:
1The Floodway District (FW), is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters and are contained within AE Zones as shown on the FIRM.
2The Floodfringe District (FF) is that portion between the regional flood limits and the floodway and displayed as AE zones on the FIRM.
3The General Floodplain District (GFP) is those areas that may be covered by floodwater during the regional flood and does not have a BFE or floodway boundary determined, including A, AH and AO zones on the FIRM.
dLocating floodplain boundaries. Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in Subsections (d)(1) or (2) of this section. If a significant difference exists, the map shall be amended according to Section 42-487. The Zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The Zoning Administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to Section 42-486(c) and the criteria in Subsections (d)(1) and (2) of this section. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to Section 42-486.
1If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.
2Where flood profiles do not exist for projects, the location of the boundary shall be determined by the map scale.
eRemoval of lands from floodplain. Compliance with the provisions of this chapter shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to Section 42-486.
fCompliance. Any development or use within the areas regulated by this chapter shall be in compliance with the terms of this chapter, and other applicable local, state, and federal regulations.
gMunicipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this chapter and obtain all necessary permits. State agencies are required to comply if Wis. Stats. § 13.48(13), applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when Wis. Stats. § 30.2022, applies.
hAbrogation and greater restrictions.
1This chapter supersedes all the provisions of any municipal zoning ordinance enacted under Wis. Stats. §§ 59.69, 59.692 or 59.694 for counties; Wis. Stats. § 62.23 for cities; Wis. Stats. § 61.35 for villages; or Wis. Stats. § 87.30, which relate to floodplains. A more restrictive ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
2This chapter is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
iInterpretation. In their interpretation and application, the provisions of this chapter are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this chapter, required by Wis. Adm. Code, ch. NR 116, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this chapter or in effect on the date of the most recent text amendment to this chapter.
jWarning and disclaimer of liability. The flood protection standards in this article are based on engineering experience and research. Larger floods may occur or the flood height may be increased by manmade or natural causes. This article does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This article does not create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this article.
kSeverability. Should any portion of this article be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected.
lAnnexed areas for cities and villages. The Rock County Floodplain Zoning Provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of ch. NR 116, Wis. Adm. Code and 44 CFR 59-72, National Flood Insurance Program (NFIP). These annexed lands are described on the municipality's official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal zoning administrator. All plats or maps of annexation shall show the regional flood elevation and the floodway location.
(Code 1976, § 18.60.030) :::
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Sec. 42-479. General standards applicable to all Floodplain Districts.
aThe community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a floodprone area, all new construction and substantial improvements shall be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with flood-resistant materials; be constructed to minimize flood damages and to ensure that utility and mechanical equipment is designed and/or located so as to prevent water from entering or accumulating within the equipment during conditions of flooding.
bSubdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this article and all other requirements in Section 42-484(b). Adequate drainage shall be provided to reduce exposure to flood hazards and all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damages.
1Hydraulic and hydrologic analyses.
a. No floodplain development shall:
1. Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or
2. Cause any increase in the regional flood height due to floodplain storage area lost.
b. The zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of Section 42-487 are met.
2Watercourse alterations. No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA Regional Offices, and required the applicant to secure all necessary state and federal permits. The standards of Section 42-479(a) must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained.
3As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to Section 42-487, the community shall apply for a letter of map revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.
4Chapter 30, 31, Wis. Stats., development. Development which requires a permit from the Department, under Wis. Stats. chs. 30 and 31, such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to Section 42-487.
5Public or private campgrounds. Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:
a. The campground is approved by the Department of Health Services;
b. A land use permit for the campground is issued by the Zoning Administrator;
c. The character of the river system and the campground elevation are such that a 72-hour warning of an impending flood can be given to all campground occupants;
d. There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation;
e. This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated, by the officials identified in Subsection (b) of this section, to remain in compliance with all applicable regulations, including those of the State Department of Health Services and all other applicable regulations;
f. Only camping units that are fully licensed, if required, and ready for highway use are allowed;
g. The camping units shall not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours;
h. All camping units that remain on-site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed 180 days and shall ensure compliance with all the provisions of this section;
i. The municipality shall monitor the limited authorizations issued by the campground operator to ensure compliance with the terms of this section;
j. All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either Sections 42-480, 42-481, 42-482 for the Floodplain District in which the structure is located;
k. The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued; and
l. All service facilities, including, but not limited to, refuse collection, electrical service, gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation.
(Code 1976, § 18.60.040) :::
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Sec. 42-480. Floodway District (FD).
aApplicability. This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to Section 42-482(d).
bPermitted uses. The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if:
1They are not prohibited by any other ordinance;
2They meet the standards in Subsections (c) and (d) of this section; and
3All permits or certificates have been issued according to Section 42-484(a).
a. Agricultural uses, such as farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.
b. Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.
c. Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of Subsections (c)(4) of this section.
d. Uses or structures accessory to open space uses, or classified as historic structures that comply with Subsections (c) and (d) of this section.
e. Extraction of sand, gravel or other materials that comply with Subsection (c)(4) of this section.
f. Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with Wis. Stats. chs. 30 and 31.
g. Public utilities, streets and bridges that comply with Subsection (c)(3) of this section.
cStandards for developments in the floodway.
1General.
a. Any development in the floodway shall comply with Section 42-479 and have a low flood damage potential.
b. Applicants shall provide the following data to determine the effects of the proposal according to Sections 42-479(a) and 42-484(b)(3):
1. A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or
2. An analysis calculating the effects of this proposal on regional flood height.
c. The Zoning Administrator shall deny the permit application if the project will cause any increase in the flood elevations upstream or downstream, based on the data submitted for Subsection (b) of this section.
2Structures. Structures accessory to permanent open space uses or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:
a. Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage;
b. Shall have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings shall be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters;
c. Must be anchored to resist flotation, collapse, and lateral movement;
d. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
e. It must not obstruct flow of floodwaters or cause any increase in flood levels during the occurrence of the regional flood.
3Public utilities, streets and bridges. Public utilities, streets and bridges may be allowed by permit, if:
a. Adequate floodproofing measures are provided to the flood protection elevation; and
b. Construction meets the development standards of Section 42-479(a).
4Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if:
a. The requirements of Section 42-479(a) are met;
b. No material is deposited in navigable waters unless a permit is issued by the Department pursuant to Wis. Stats. ch. 30, and a permit pursuant to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 USC 1344 has been issued, if applicable, and all other requirements have been met;
c. The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and
d. The fill is not classified as a solid or hazardous material.
dProhibited uses. All uses not listed as permitted uses in Section 42-481(b) are prohibited, including the following uses:
1Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses;
2Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;
3Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
4Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and department-approved campgrounds that meet the applicable provisions of local ordinances and Wis. Admin. Code ch. SPS 383;
5Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and Wis. Admin. Code chs. NR 811 and NR 812;
6Any solid or hazardous waste disposal sites;
7Any wastewater treatment ponds or facilities, except those permitted under Wis. Admin. Code § NR 110.15(3)(b); and
8Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.
(Code 1976, § 18.60.050) :::
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Sec. 42-481. Floodfringe District (FF).
aApplicability. This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to Section 42-482(d).
bPermitted uses. Any structure, land use, or development is allowed in the Floodfringe District if the standards in this section are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in Section 42-484 have been issued.
c*Standards for development in the floodfringe.*Section 42-479(a) shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of Section 42-483:
1Residential uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards. Any existing structure in the floodfringe must meet the requirements of Section 42-483:
a. The elevation of the lowest floor shall be at or above the flood protection elevation on fill unless the requirements of Subsection (c)(1)b of this section can be met. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure;
b. The basement or crawlway floor may be placed at the regional flood elevation if it is dry floodproofed to the flood protection elevation. No basement or crawlway floor is allowed below the regional flood elevation;
c. Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in Subsection (c)(1)d of this section;
d. In developments where existing street or sewer line elevations make compliance with Subsection (c) of this section impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if:
1. The municipality has written assurance from police, fire and emergency services that rescue and relief will be provided to the structure by wheeled vehicles during a regional flood event; or
2. The municipality has a DNR-approved emergency evacuation plan.
2Accessory structures or uses. Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.
3Commercial uses. Any commercial structure which is erected, altered or moved into the floodfringe shall meet the requirements of Subsection (k)(1) of this section. Subject to the requirements of Subsection (5) of this section, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
4Manufacturing and industrial uses. Any manufacturing or industrial structure which is erected, altered or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in Section 42-487(f). Subject to the requirements of Section (5) of this section, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
5Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with Section 42-487(f). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
6Public utilities, streets and bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and:
a. When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with Section 42-487(f).
b. Minor roads or nonessential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.
7Sewage systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of floodwater into the system, pursuant to Section 42-487(f)(3), to the flood protection elevation and meet the provisions of all local ordinances and Wis. Admin. Code ch. SPS 383.
8Wells. All wells shall be designed to minimize or eliminate infiltration of floodwaters into the system, pursuant to Section 42-487(f)(3), to the flood protection elevation and shall meet the provisions of Wis. Admin. Code chs. NR 811 and NR 812.
9Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.
10Deposition of materials. Any deposited material must meet all the provisions of this chapter.
11Manufactured homes.
a. Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.
b. In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall:
1. Have the lowest floor elevated to the flood protection elevation; and
2. Be anchored so they do not float, collapse or move laterally during a flood.
c. Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in Subsection (c)(1) of this section.
12Mobile recreational vehicles. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in Subsection (c)(11)b and c of this section. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.
(Code 1976, § 18.60.060) :::
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Sec. 42-482. General Floodplain District (GFP).
aApplicability. The provisions for this district shall apply to all floodplains mapped as A, AO or AH Zones.
bPermitted uses. Pursuant to Subsection (d) of this section, it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the floodway Section 42-480(b) and floodfringe Section 42-481(b). Districts are allowed within the General Floodplain District, according to the standards of Subsection (c) of this section, provided that all permits or certificates required under Section 42-484 have been issued.
c*Standards for development in the General Floodplain District.*Section 42-481 applies to floodway areas, Section 42-481 applies to floodfringe areas. The rest of this article applies to either district.
1In AO/AH Zones the structure's lowest floor must meet one of the conditions listed below whichever is higher:
a. At or above the flood protection elevation; or
b. Two feet above the highest adjacent grade around the structure; or
c. The depth as shown on the FIRM
2In AO/AH zones, provide plans showing adequate drainage paths to guide floodwaters around structures.
dDetermining floodway and floodfringe limits. Upon receiving an application for development within the General Floodplain District, the Zoning Administrator shall:
1Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the General Floodplain District limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and floodproofing measures; and the flood zone as shown on the FIRM.
2Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries.
a. A hydrologic and hydraulic study as specified in Section 42-484(b)(3);
b. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information;
c. Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities.
(Code 1976, § 18.60.070) :::
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Sec. 42-483. Nonconforming uses.
aGeneral.
1Applicability. If these standards conform with Wis. Stats. § 59.69(10), for counties or Wis. Stats. § 62.23(7)(h), for cities and villages, they shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this article or any amendment thereto.
2The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this article may continue subject to the following conditions:
a. No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this article. The terms "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure.
b. If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this article.
c. The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent.
d. No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50 percent of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this article. Contiguous dry land access must be provided for residential and commercial uses in compliance with Section 42-481(c)(1). The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50 percent provisions of this subsection.
e. No maintenance to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50 percent of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this article. Contiguous dry land access must be provided for residential and commercial uses in compliance with Section 42-481(c)(1).
f. If on a per event basis the total value of the work being done under Subsection (2)(d) and (e) of this section equals or exceeds 50 percent of the present equalized assessed value the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter. Contiguous dry land access must be provided for residential and commercial uses in compliance with Section 42-481(c)(1).
g. Except as provided in Subsection (2) of this section, if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50 percent of the structure's present equalized assessed value.
h. For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the minimum federal code requirements below are met and all required permits have been granted prior to the start of construction.
3Residential structures.
a. Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of Section 42-486(f)(2).
b. Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy and shall be constructed with methods and materials resistant to flood damage.
c. Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
d. In A Zones, obtain, review and utilize any flood data available from a federal, state or other source.
e. In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in Section 42-483(c)(1).
f. In AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.
4Nonresidential structures.
a. Shall meet the requirements of Section 42-484(a)(2)h.1.a through f.
b. Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in Section 42-486(f)(1) or (f)(2).
c. In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in Section 42-483(c)(1).
5A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as a historic structure, the alteration will comply with Section 42-481(c)(1), flood-resistant materials are used, and construction practices and floodproofing methods that comply with Section 42-486(f) are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of Subsection (a)(1)h.1 of this section if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.
bFloodway District.
1No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition:
a. Has been granted a permit or variance which meets all ordinance requirements;
b. Meets the requirements of Section 42-484(a);
c. Shall not increase the obstruction to flood flows or regional flood height;
d. Any addition to the existing structure shall be floodproofed, pursuant to Section 42-486(f), by means other than the use of fill, to the flood protection elevation; and
e. If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of floodwaters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;
2. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
4. The use must be limited to parking, building access or limited storage.
2No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all Municipal Ordinances, Section 42-486(f)(3) and Wis. Admin. Code ch. SPS 383.
3No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, Section 42-486(F)(3) and Wis. Admin. Code chs. NR 811 and NR 812.
cFloodfringe District.
1No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and meets the requirements of Section 42-482(c) except where Section 42-484(c)(2) is applicable.
2Where compliance with the provisions of Subsection (1) of this section would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Adjustment/Appeals, using the procedures established in Section 42-486, may grant a variance from those provisions of Subsection (c)(1) of this section for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:
a. No floor is allowed below the regional flood elevation for residential or commercial structures;
b. Human lives are not endangered;
c. Public facilities, such as water or sewer, shall not be installed;
d. Flood depths shall not exceed two feet;
e. Flood velocities shall not exceed two feet per second; and
f. The structure shall not be used for storage of materials as described in Section 42-482(c)(5).
3All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, Section 42-486(f)(3) and Wis. Admin. Code ch. SPS 383.
4All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this chapter, Section 42-486(f)(3) and Wis. Admin. Code ch. NR 811 and NR 812.
(Code 1976, § 18.60.080) :::
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Sec. 42-484. Administrative procedures.
aAdministrative duties and powers. The Building Division Director, with assistance by the City Planner, is authorized to administer this chapter and shall have the following duties and powers:
1Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and ensure that the regional flood elevation for the proposed development is shown on all permit applications.
2Issue permits and inspect properties for compliance with provisions of this chapter and issue certificates of occupancy where appropriate.
3Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred.
4Keep records of all official actions, such as:
a. All permits issued, inspections made, and work approved;
b. Documentation of certified lowest floor and regional flood elevations;
c. Floodproofing certificates;
d. Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments;
e. All substantial damage assessment reports for floodplain structures;
f. List of nonconforming structures and uses.
5Submit copies of the following items to the Department Regional Office:
a. Within ten days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments;
b. Copies of case-by-case analyses and other required information including an annual summary of floodplain zoning actions taken;
c. Copies of substantial damage assessments performed and all related correspondence concerning the assessments.
6Investigate, prepare reports, and report violations of this chapter to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the Department Regional Office.
7Submit copies of amendments to the FEMA Regional Office.
bSite plan application and building permit. A site plan application and building permit shall be obtained before any new development; repair, modification or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the Building Division Director shall include:
1General information.
a. Name and address of the applicant, property owner and contractor;
b. Legal description, proposed use, and whether it is new construction or a modification;
2Site development plan. A site plan drawn to scale shall be submitted with the permit application form and shall contain:
a. Location, dimensions, area and elevation of the lot;
b. Location of the ordinary highwater mark of any abutting navigable waterways;
c. Location of any structures with distances measured from the lot lines and street center lines;
d. Location of any existing or proposed on-site sewage systems or private water supply systems;
e. Location and elevation of existing or future access roads;
f. Location of floodplain and floodway limits as determined from the official floodplain zoning maps;
g. The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study, either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD);
h. Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of Section 42-481 or 42-482 are met; and
i. Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to Section 42-479(a). This may include any of the information noted in Section 42-480(c)(1).
3Hydraulic and hydrologic studies to analyze development. All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the state. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department.
a. Zone A floodplains.
1. Hydrology. The appropriate method shall be based on the standards in Wis. Admin. Code ch. NR 116.07(3), Hydrologic Analysis: Determination of Regional Flood Discharge.
2. Hydraulic modeling. The regional flood elevation shall be based on the standards in Wis. Admin. Code ch. NR 116.07(4), Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
iDetermination of the required limits of the hydraulic model shall be based on detailed study information for downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study.
iiChannel sections must be surveyed.
iiiMinimum four-foot contour data in the overbanks shall be used for the development of cross-section overbank and floodplain mapping.
ivA maximum distance of 500 feet between cross-sections is allowed in developed areas with additional intermediate cross-sections required at transitions in channel bottom slope including a survey of the channel at each location.
vThe most current version of HEC-RAS shall be used.
viA survey of bridge and culvert openings and the top of road is required at each structure.
viiAdditional cross-sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet.
viiiStandard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning's N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices.
ixThe model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet.
3. Mapping. A work map of the reach studied shall be provided, showing all cross-section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway.
iIf the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation.
iiIf any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing model, unless adequate justification based on standard accepted engineering practices is provided.
cZone AE Floodplains.
1Hydrology. If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on Wis. Admin. Code ch. NR 116.07(3), Hydrologic Analysis: Determination of Regional Flood Discharge.
2Hydraulic Model. The regional flood elevation shall be based on the standards in Wis. Admin. Code ch. NR 116.07(4), Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
a. Duplicate Effective Model. The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot.
b. Corrected Effective Model. The corrected effective model shall not include any manmade physical changes since the effective model date, but shall import the model into the most current version of HEC-RAS for Department review.
c. Existing (pre-project conditions) Model. The existing model shall be required to support conclusions about the actual impacts of the project associated with the Revised (Post-Project) Model or to establish more up-to-date models on which to base the Revised (Post-Project) Model.
d. Revised (post-project conditions) Model. The revised (post-project conditions) model shall incorporate the Existing Model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions.
e. All changes to the Duplicate Effective Model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes.
f. Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross-sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and top widths computed by the revised models matching those in the effective models upstream and downstream of the revised reach as required. The Effective Model shall not be truncated.
3Mapping. Maps and associated engineering data shall be submitted to the Department for review which meet the following conditions:
a. Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans.
b. Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised.
c. Annotated FIRM panel showing the revised one percent and 0.2 percent annual chance floodplains and floodway boundaries.
d. If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) projection and State Plane Coordinate System in accordance with FEMA mapping specifications.
e. The revised floodplain boundaries shall tie into the effective floodplain boundaries.
f. All cross-sections from the Effective Model shall be labeled in accordance with the effective map and a cross-section lookup table shall be included to relate to the model input numbering scheme.
g. Both the current and proposed floodways shall be shown on the map.
h. The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map. Expiration. All permits issued under the authority of this article shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause.
dCertificate of occupancy and/or site plan approval. No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt or replaced shall be occupied until a site plan is approved and a certificate of occupancy is issued by the Building Division Director, except where no permit is required, subject to the following provisions:
1The site plan and certificate of occupancy shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this article;
2Application for such certificate shall be concurrent with the application for a permit;
3If all ordinance provisions are met, the certificate of occupancy shall be issued within ten days after written notification that the permitted work is completed;
4The applicant shall submit a certification signed by a registered professional engineer, architect or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of Section 42-486(f) are met.
eOther permits. Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and local agencies, including, but not limited to, those required by the U.S. Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 USC 1344.
(Code 1976, § 18.60.090) :::
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Sec. 42-485. Zoning Agency.
aThe Division of Building and Development Services shall:
1Oversee the functions of the office of the Building Division Director;
2Review and advise the governing body on all proposed amendments to this article, maps and text.
bThe Division of Building and Development Services shall not:
1Grant variances to the terms of the ordinance in place of action by the Board of Appeals; or
2Amend the text or zoning maps in place of official action by the governing body.
(Code 1976, § 18.60.095) :::
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Sec. 42-486. Appeals/disputes.
aThe Zoning Board of Appeals, created under Wis. Stats. § 62.23(7)(e), for cities or villages, is hereby authorized or shall be appointed to act for the purposes of this article. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The Building Division Director shall not be the Secretary of the Board.
1Powers and duties. The Board of Appeals shall:
a. Appeals. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this chapter;
b. Boundary disputes. Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map; and
c. Variances. Hear and decide, upon appeal, variances from the ordinance standards.
2Appeals to the board.
a. Appeals to the board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the Building Division Director or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the Board, by filing with the official whose decision is in question, and with the Board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the Board all records regarding the matter appealed.
b. Notice and hearing for appeals including variances.
1. Notice. The Board shall:
iFix a reasonable time for the hearing;
iiPublish Class 2 notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing; and
iiiEnsure that notice shall be mailed to the parties in interest and the Department Regional Office at least ten days in advance of the hearing.
2. Hearing. Any party may appear in person or by agent. The Board shall:
iResolve boundary disputes according to Section 42-486(c);
iiDecide variance applications according to Section 42-486(d); and
iiiDecide appeals of permit denials according to Section 42-486(e).
c. Decision. The final decision regarding the appeal or variance application shall:
1. Be made within a reasonable time;
2. Be sent to the Department Regional Office within ten days of the decision;
3. Be a written determination signed by the Chairman or Secretary of the Board;
4. State the specific facts which are the basis for the Board's decision;
5. Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; and
6. Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board's proceedings.
bBoundary disputes. The following procedure shall be used by the Board in hearing disputes concerning Floodplain District boundaries:
1If a Floodplain District boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined;
2The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and
3If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to Section 47-486.
cVariance.
1The Board may, upon appeal, grant a variance from the standards of this article if an applicant convincingly demonstrates that:
a. Literal enforcement of this article will cause unnecessary hardship;
b. The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended;
c. The variance is not contrary to the public interest; and
d. The variance is consistent with the purpose of this chapter in Section 42-477.
2In addition to the criteria in Subsection (c)(1) of this section, to qualify for a variance under FEMA regulations, the following criteria must be met:
a. The variance shall not cause any increase in the regional flood elevation;
b. Variances can only be granted for lots that are less than one-half acre and are contiguous to existing structures constructed below the RFE; and
c. Variances shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risks to public safety or nuisances, shall not increase costs for rescue and relief efforts and shall not be contrary to the purpose of this article.
3A variance shall not:
a. Grant, extend or increase any use prohibited in the zoning district;
b. Be granted for a hardship based solely on an economic gain or loss;
c. Be granted for a hardship which is self-created;
d. Damage the rights or property values of other persons in the area;
e. Allow actions without the amendments to this article or map required in Section 42-486; and
f. Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.
4When a floodplain variance is granted the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums. A copy shall be maintained with the variance record.
dTo review appeals of permit denials.
1The Zoning Agency (Section 42-485) or Board shall review all data related to the appeal. This may include:
a. Permit application data listed in Section 42-484(b);
b. Floodway/floodfringe determination data in Section 42-482(d);
c. Data listed in Section 42-480(c)(1)b where the applicant has not submitted this information to the Building Division Director; and
d. Other data submitted with the application, or submitted to the Board with the appeal.
2For appeals of all denied permits the Board shall:
a. Follow the procedures of Section 42-486;
b. Consider Zoning Agency recommendations; and
c. Either uphold the denial or grant the appeal.
3For appeals of all denied permits the Board shall:
a. Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of Section 42-487; and
b. Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase, provided no other reasons for denial exist.
eFloodproofing standards for nonconforming structures or uses.
1No permit or variance shall be issued for a nonresidential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation and submits a FEMA Floodproofing Certificate.
2For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either:
a. Certified by a registered professional engineer or architect; or
b. Meets or exceeds the following standards:
1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
2. The bottom of all openings shall be no higher than one foot above grade; and
3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
3Floodproofing measures shall be designed, as appropriate, to:
a. Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;
b. Protect structures to the flood protection elevation;
c. Anchor structures to foundations to resist flotation and lateral movement;
d. Minimize or eliminate infiltration of floodwaters; and
e. Minimize or eliminate discharges into floodwaters.
fPublic information.
1Place marks on structures to show the depth of inundation during the regional flood.
2All maps, engineering data and regulations shall be available and widely distributed.
3Real estate transfers should show what Floodplain District any real property is in.
(Code 1976, § 18.60.100) :::
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Sec. 42-487. Amendments.
aObstructions or increases may only be permitted if amendments are made to this chapter, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with Section 42-487(a).
1In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a conditional letter of map revision from FEMA and amendments are made to this chapter, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with Section 42-487(a). Any such alterations must be reviewed and approved by FEMA and the DNR.
2In A Zones increases equal to or greater than one foot may only be permitted if the applicant receives a conditional letter of map revision from FEMA and amendments are made to this chapter, the official floodplain maps, floodway lines, and water surface profiles, in accordance with Section 42-487(a).
bGeneral. The governing body shall change or supplement the floodplain zoning district boundaries and this chapter in the manner outlined in Subsection (b) of this section. Actions which require an amendment to the ordinance and/or submittal of a letter of map change (LOMC) include, but are not limited to, the following:
1Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;
2Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;
3Any changes to any other officially adopted floodplain maps listed in Subsection (b)(1) of this section;
4Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain;
5Correction of discrepancies between the water surface profiles and floodplain maps;
6Any upgrade to a floodplain zoning ordinance text required by Wis. Admin. Code § NR 116.05, or otherwise required by law, or for changes by the municipality; and
7All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.
cProcedures. Ordinance amendments may be made upon petition of any party according to the provisions of Wis. Stats. § 62.23. The petitions shall include all data required by Sections 42-482(d) and 42-484(b). The building permit or other required permit or approval shall not be issued until a letter of map revision is issued by FEMA for the proposed changes.
1The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department Regional Office for review prior to the hearing. The amendment procedure shall comply with the provisions of Wis. Stats. § 62.23.
2No amendments shall become effective until reviewed and approved by the Department.
3All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body.
(Code 1976, § 18.60.110) :::
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Sec. 42-488. Violations; penalties.
Any violation of the provisions of this chapter by any person shall be unlawful and shall be referred to the Municipal Attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not less than $25.00 and not more than $500.00, together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this chapter is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to Wis. Stats. § 87.30.
(Code 1976, § 18.60.120) :::
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Sec. 42-489. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Unless specifically defined, words and phrases in this chapter shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The term "may" is permissive, "shall" is mandatory and is not discretionary.
A Zones means those areas shown on the official floodplain zoning map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.
AH Zone. See Area of shallow flooding.
AO Zone. See Area of shallow flooding.
Accessory structure oruse means a facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building.
Alteration means an enhancement, upgrading or substantial change or modifications other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure.
Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH, or VO Zone on a community's flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.
Basement means any enclosed area of a building having its floor sub-grade, i.e., below ground level, on all sides.
Building. See Structure.
Bulkhead line means a geographic line along a reach of navigable water that has been adopted by a Municipal Ordinance and approved by the Department pursuant to Wis. Stats. § 30.11, and which allows limited filling between this bulkhead line and the original ordinary high water mark, except where such filling is prohibited by the floodway provisions of this chapter.
Campground means any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by four or more camping units, or which is advertised or represented as a camping area.
Camping unit means any portable device, no more than 400 square feet in area, used as a temporary shelter, including, but not limited to, a camping trailer, motor home, bus, van, pick-up truck, or tent that is fully-licensed, if required, and ready for highway use.
Certificate of occupancy means a certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this chapter.
Channel means a natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.
Crawlways or crawl space means an enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities.
Deck means an unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows the infiltration of precipitation.
Department means the Wisconsin Department of Natural Resources.
Development means any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
Dryland access means a vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles.
Encroachment means any fill, structure, equipment, use or development in the floodway.
Federal Emergency Management Agency (FEMA) means the federal agency that administers the National Flood Insurance Program.
Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions:
1The overflow or rise of inland waters;
2The rapid accumulation or runoff of surface waters from any source;
3The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior.
The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.
Flood frequency means the probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average once in a specified number of years or as a percent chance of occurring in any given year.
Flood hazard boundary map means a map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a flood insurance study and a flood insurance rate map.
Flood insurance rate map (FIRM) means a map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.
Flood insurance study means a technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A Zones. Flood insurance rate maps, that accompany the flood insurance study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.
Flood profile means a graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river.
Flood protection elevation means an elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see Freeboard.)
Flood storage means those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.
Floodfringe means that portion of the floodplain outside of the floodway which is covered by floodwaters during the regional flood and associated with standing water rather than flowing water.
Floodplain means land which has been or may be covered by floodwater during the regional flood. It includes the floodway and the floodfringe, and may include other designated floodplain areas for regulatory purposes.
Floodplain island means a natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.
Floodplain management means policy and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.
Floodproofing means any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.
Floodway means the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.
Freeboard means a safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed.
Habitable structure means any structure or portion thereof used or designed for human habitation.
Hearing notice means publication or posting meeting the requirements of Wis. Stats. ch. 985. For appeals, a Class 1 notice, published once at least one week (seven days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (seven days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums.
High flood damage potential means damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.
Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic structure means any structure that is either:
1Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs.
Increase in regional flood height means a calculated upward rise in the regional flood elevation greater than 0.00 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge.
Land use means any nonstructural use made of unimproved or improved real estate. (Also see Development.)
Lowest adjacent grade means elevation of the lowest ground surface that touches any of the exterior walls of a building.
Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3.
Maintenance means the act or process of restoring to original soundness, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems or structures.
Manufactured home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle."
Mobile recreational vehicle means a vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of the term "mobile recreational vehicle."
Mobile/manufactured home park or subdivision means a parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale.
Mobile/manufactured home park or subdivision, existing, means a parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of the ordinance from which this chapter is derived. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.
Mobile/manufactured home park, expansion to existing, means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads.
Model, corrected effective, means a hydraulic engineering model that corrects any errors that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more detailed topographic information than that used in the Current Effective Model.
Model, duplicate effective means a copy of the hydraulic analysis used in the effective FIS and referred to as the Effective Model.
Model, effective means the hydraulic engineering model that was used to produce the current effective flood insurance study.
Model, existing (pre-project) means a modification of the Duplicate Effective Model or Corrected Effective Model to reflect any manmade modifications that have occurred within the floodplain since the date of the Effective Model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the Effective Model, then this model would be identical to the corrected Effective Model or Duplicate Effective Model.
Model, revised (post-project), means a modification of the existing or pre-project conditions model, duplicate effective model or corrected effective model to reflect revised or post-project conditions.
Municipality or municipal means the county, city or village governmental units enacting, administering and enforcing this zoning chapter.
NAVD or North American Vertical Datum means elevations referenced to mean sea level datum, 1988 adjustment.
NGVD or National Geodetic Vertical Datum means elevations referenced to mean sea level datum, 1929 adjustment.
New construction means for floodplain management purposes, the term "new construction" means structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by this community and includes any subsequent improvements to such structures. For the purpose of determining flood insurance rates, it includes any structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.
Nonconforming structure means an existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this chapter for the area of the floodplain which it occupies. (For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.)
Nonconforming use means an existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this chapter for the area of the floodplain which it occupies. (Such as a residence in the floodway.)
Obstruction to flow means any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height.
Official floodplain zoning map means that map, adopted and made part of this chapter, as described in Section 42-478(b), which has been approved by the Department and FEMA.
Open space use means those uses having a relatively low flood damage potential and not involving structures.
Ordinary highwater mark means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
Person means an individual, or group of individuals, corporation, partnership, association, municipality or state agency.
Private sewage system means a sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Safety and Professional Services, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.
Public utilities means those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer.
Reasonably safe from flooding means base floodwaters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.
Regional flood means a flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE.
Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Structure means any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.
Subdivision means the same meaning as given in Wis. Stats. § 236.02(12).
Substantial damage means damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred.
Substantial improvement means any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term "substantial improvement" does not, however, include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the Building Division Director and that are the minimum necessary to ensure safe living conditions; or any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
Unnecessary hardship means where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance.
Variance means an authorization by the board of adjustment or appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the floodplain zoning ordinance.
Violation means the failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.
Water surface profile means a graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.
Watershed means the entire region contributing runoff or surface water to a watercourse or body of water.
Well means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use.
(Code 1976, § 18.60.130) :::
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Secs. 42-490---42-516. Reserved.
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ARTICLE XV. SHORELAND-WETLAND OVERLAY DISTRICT
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Sec. 42-517. Intent; purpose.
aUncontrolled use of the shoreland-wetlands and pollution of the navigable waters of the municipality would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. This shoreland-wetland zoning chapter has been established to:
1Promote the public health, safety, convenience and general welfare;
2Maintain the stormwater and floodwater storage capacity of wetlands;
3Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
4Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat;
5Prohibit certain uses detrimental to the shoreland-wetland area; and
6Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earth moving activities.
bThis chapter is adopted pursuant to authorization in Wis. Stats. §§ 62.23, 62.231, 87.30 and 144.26.
(Code 1976, § 18.70.010) :::
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Sec. 42-518. General provisions.
aExemption for Department of Transportation projects. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt from all provisions of this article when Wis. Stats. § 30.12, applies.
bAbrogation and greater restrictions. This article supersedes all the provisions of the zoning ordinance enacted under Wis. Stats. § 62.23 or 87.30, which relate to floodplains and shoreland-wetlands, except that where another section of the zoning ordinance is more restrictive than this article, that section shall continue in full force and effect to the extent of the greater restrictions, but not otherwise. This article is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this article imposes greater restrictions, the provisions of this article shall prevail.
cInterpretation. Where a provision of this article is required by a standard in NR 117, Wis. Admin. Code, and where the article provision is unclear, the provision shall be interpreted in light of NR 117 standards in effect on the date of adoption of the ordinance from which this article is derived or in effect on the date of the most recent text amendment to this article or administrative code.
dAnnexed areas. The Rock County shoreland zoning provisions in effect on the date of annexation shall remain in effect and shall be administered by the City for all areas annexed by the City after May 7, 1982, unless any of the changes under Wis. Stats. § 59.692. These annexed lands are described on maps available from the City Planning Division. The Rock County Shoreland Zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the City Planning Division.
(Code 1976, § 18.70.020) :::
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Sec. 42-519. Shoreland; Wetland Zoning Maps.
The following maps are hereby adopted and made part of this chapter, and are on file in the City Planning Division:
1Wisconsin Wetland Inventory maps stamped "FINAL" on May 23, 1994, and from time to time amended;
2Federal Emergency Management Agency flood insurance study maps dated January 17, 1985, and from time to time amended;
3Floodplain zoning maps titled "Official Floodplain Zoning Map" and dated October 29, 1984, and from time to time amended;
4United States Geological Survey (USGS) quadrangle maps dated 1961, photo revised 1971 and 1976 and from time to time amended; and
5Zoning maps adopted August 24, 1981, and from time to time amended.
(Code 1976, § 18.70.030) :::
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Sec. 42-520. District boundaries.
aExtent of district. The Shoreland-Wetland Zoning District includes all wetlands in the City which are shown on the final Wetland Inventory Map adopted and made a part of this chapter and which are:
1Five acres or more in area. Wetlands which are less than five acres are not subject to the regulations set forth in this article;
2Within 1,000 feet of the ordinary high water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages shall be presumed to be navigable if they are shown on the USGS maps or zoning maps which have been incorporated by reference and made a part of this article; or
3Within 300 feet of the ordinary high water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the USGS maps or zoning maps which have been incorporated by reference and made a part of this article. Floodplain zoning maps shall be used to determine the extent of floodplain areas.
bDeterminations. Determinations of navigability and ordinary high water mark location shall initially be made by the Building Division Director, with assistance from the City Planner and City Engineer. When questions arise, the Building Division Director shall contact the appropriate district office of the Department of Natural Resources for a final determination of navigability or ordinary high water mark.
cMap discrepancies. When an apparent discrepancy exists between the Shoreland-Wetland District boundary shown on final Wisconsin Wetlands Inventory maps and actual field conditions at the time the maps were adopted, the Building Division Director shall contact the appropriate district office of the Department of Natural Resources to determine if the Shoreland-Wetland District boundary as mapped is in error. If department staff concur with the Building Division Director that a particular area was incorrectly mapped as a wetland, the Building Division Director shall have the authority to immediately grant or deny a building permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in Subsections (d) and (e) of this section, the Building Division Director shall be responsible for initiating a map amendment within a reasonable period.
dFilled wetlands. Wetlands filled prior to May 23, 1994, in a manner which affects their wetland characteristics to the extent that the area can no longer be defined as wetland, are not subject to this article.
eWetlands landward of a bulkhead line. Wetlands located between the original ordinary high water mark and a bulkhead line established prior to May 7, 1982, under Wis. Stats. § 30.11, are not subject to this chapter.
(Code 1976, § 18.70.040) :::
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Sec. 42-521. Uses allowed in district.
aPermitted uses. Permitted uses are uses of land or buildings in conformance with all provisions of this chapter and specifically allowed in the Shoreland-Wetland Overlay District subject to the provisions of Wis. Stats. chs. 30 and 31, and other applicable local, state and federal laws, as from time to time amended. The following are permitted uses:
1Hiking, fishing, trapping, swimming, snowmobiling and boating, provided that no wetland alteration occurs;
2Harvesting wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops, provided that no wetland alteration occurs;
3The practice of silviculture, including the planting, thinning and harvesting of timber, provided that no wetland alteration occurs. Limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected shall be allowed;
4The cultivation of agricultural crops, provided that no wetland alteration occurs;
5The maintenance and repair of existing drainage systems to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible;
6The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;
7The construction and maintenance of piers, docks, walkways, bikeways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;
8The installation and maintenance of sealed tiles for the purpose of draining lands outside the Shoreland-Wetland Zoning District, provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland listed in Section 42-525(c);
9The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.
bConditional uses. The term "conditional uses" means uses of land or buildings which may be allowed in the Shoreland-Wetland Overlay District subject to the issuance of conditional use permits in accordance with the procedures set forth in Section 42-272. The uses listed below may be allowed as conditional uses subject to the provisions of Wis. Stats. chs. 30 and 31 and all other applicable state, local, and federal laws, as from time to time amended. In its review of conditional use permits for any of the listed uses, the Plan Commission shall consider specifications for type of shore cover; erosion controls; setbacks; landscaping and planting screens; period of operation; operational control; deed restrictions; location of piers, docks, parking areas and signs; and type of construction.
1The construction and maintenance of roads necessary for the continuity of the municipal street system, the provision of essential utility and emergency services, or for access to uses allowed under Section 42-521, provided the following conditions are met:
a. The road cannot, as a practical matter, be located outside the wetland;
b. The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in Section 42-525(c);
c. The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;
d. Road construction activities are carried out in the immediate area of the roadbed only; and
e. Any wetland alteration is necessary for the construction or maintenance of the road.
2The construction and maintenance of nonresidential buildings, provided the following conditions are met:
a. The building is used solely in conjunction with a use allowed in the Shoreland-Wetland District or for the raising of waterfowl, minnows or other wetland or aquatic animals;
b. The building cannot, as a practical matter, be located outside the wetland;
c. The building does not exceed 500 square feet in floor area; and
d. Only limited filling and excavating necessary to provide structural support for the building is allowed.
3The establishment and development of public and private parks and recreation areas; outdoor education areas; historic, natural and scientific areas; game refuges and closed areas; fish and wildlife habitat improvement projects; and wildlife preserves and public boat launching ramps, provided the following conditions are met:
a. Any private development shall be used exclusively for the permitted use;
b. Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures is allowed;
c. The construction and maintenance of roads necessary to serve the use are allowed only where such construction and maintenance meets the criteria in Section 42-521(b)(1); and
d. Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.
4The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines and sewage collection lines and related facilities and the construction and maintenance of railroad lines, provided that the following conditions are met:
a. The lines/facility cannot, as a practical matter, be located outside the wetland;
b. Only limited filling or excavating necessary for such construction or maintenance is allowed; and
c. Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in Section 42-525(c).
cProhibited uses. Any use not listed in Section 42-521 as a permitted or conditional use is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this chapter in accordance with Section 42-525.
dNonconforming structures and uses. The lawful use of a building, structure or property which existed at the time of adoption of the ordinance from which Article XV of this chapter was derived, or an applicable amendment to this chapter, which is not in conformance with the provisions of the chapter may be continued subject to the provisions of Section 42-359.
(Code 1976, § 18.70.050) :::
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Sec. 42-522. Administrative provisions.
aBuildingDivision Director. The Building Division Director, with assistance from the City Planner, shall have the following duties and powers:
1Advise applicants as to the provisions of this article and assist them in preparing permit applications and appeal forms;
2Issue permits and inspect properties for compliance with this article;
3Keep records of all permits issued, inspections made, work approved and other official actions;
4Have access to any structure or premises between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, for the purpose of performing these duties;
5Submit copies of decisions on variances, conditional use permits, appeals for a map or text interpretation, and map or text amendments within ten days after they are granted or denied, to the appropriate district office of the Department of Natural Resources; and
6Investigate and report violations of this article to the City Attorney.
bRequired permits. Building Permits, as provided in Chapter 10 (Building Code), shall be obtained for the construction, reconstruction, structural alteration, or moving of all conditional uses listed in Section 42-521(b).
cCompliance with permits. The Building Division Director shall conduct regular inspections of projects for which a building permit is required as prescribed by state law. In addition, the Building Division Director shall require a certified report of all inspections from the registered architect or registered engineer supervising the construction of any structure requiring their supervision, as provided in Section 10-15(c).
dRevocation. When the conditions of a building permit are violated, the Building Division Director may revoke the permit as provided in Section 10-9.
(Code 1976, § 18.70.060) :::
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Sec. 42-523. Appeals of administrative decisions.
aProcedure. An appeal to the Zoning Board of Appeals may be taken by any person aggrieved or affected by any decision of the Building Division Director or other administrative official as provided in Section 42-270(b).
bDepartment notice. A copy of all notices of Zoning Board of Appeals public hearings on appeals involving shoreland-wetland zoning shall be mailed to the parties in interest and the appropriate district office of the Department of Natural Resources at least ten days prior to all public hearings. A copy of all relevant decisions of the Zoning Board of Appeals shall be mailed to the parties in interest and the appropriate district office of the Department within ten days after the decision is issued.
cRecords. Appropriate records shall be made by the Building Division Director on all appeals to the Zoning Board of Appeals.
(Code 1976, § 18.70.070) :::
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Sec. 42-524. Conditional use permit requests.
aProcedure. A request for approval of a conditional use listed in Section 42-521(b) shall be filed with the City Planner and reviewed by the Plan Commission as provided in Section 42-272.
bDepartment notice. A copy of all notices of Plan Commission public hearings on conditional use permits involving shoreland-wetland zoning shall be mailed to the parties in interest and the appropriate district office of the Department of Natural Resources at least ten days prior to all public hearings. A copy of all relevant decisions shall be mailed to the parties in interest and the appropriate district office of the Department within ten days after the decision is issued.
cRecords. Appropriate records shall be made by the City Planner on all conditional use permit requests to the Plan Commission, including the land use and structures permitted.
dRevocation. When the conditions of a conditional use permit are violated, the Plan Commission may revoke the permit.
(Code 1976, § 18.70.080) :::
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Sec. 42-525. Amending Shoreland; Wetland Zoning regulations.
aProcedure. The City Council may alter, supplement or change the district boundaries and the regulations contained in this chapter in accordance with the requirements of Wis. Stats. § 62.23(7)(d)2, Wis. Admin. Code ch. NR 117 and the provisions of Section 42-525. All proposed text and map amendments to the Shoreland-Wetland Zoning regulations shall be referred to the Plan Commission, and a public hearing shall be held after Class 2 notice as required by Wis. Stats. § 62.23(7)(d)2.
bDepartment notice. The appropriate district office of the Department of Natural Resources shall be provided with:
1A copy of each proposed text or map amendment within five days of the referral of the proposed amendment to the Plan Commission for its recommendation;
2Written notice of any public hearing at least ten days prior to such hearing;
3A copy of the recommendation and report of the Plan Commission on a proposed text or map amendment within five days after the submission of that recommendation to the City Council; and
4Written notice of City Council action on the proposed text or map amendment within ten days after the action is taken.
cStandards for map amendments. To ensure that this chapter will remain consistent with the shoreland protection objectives of Wis. Stats. § 281.31, the municipal governing body may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:
1Stormwater and floodwater storage capacity;
2Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;
3Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
4Shoreline protection against erosion;
5Fish spawning, breeding, nursery or feeding grounds;
6Wildlife habitat; or
7Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.
dDetermination of adverse impact. Where the district office of the Department of Natural Resources determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Section 42-525(c) the Department shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment. If the Department notifies the Plan Commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Section 42-525(c), that proposed amendment, if approved by the City Council, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the Department, as required by Section 42-525(b)(4). If within the 30-day period, the Department notifies the municipality that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality as provided by Wis. Stats. § 62.231(6) the proposed amendment shall not become effective until the ordinance adoption procedure under Wis. Stats. § 62.231(6), is completed or otherwise terminated.
(Code 1976, § 18.70.090) :::
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Sec. 42-526. Violations; penalties.
aAny development, building or structure or accessory building or structure constructed, altered, added to, modified, rebuilt or replaced or any use or accessory use established after the effective date of the ordinance from which this chapter is derived in violation of the provisions of this article, by any person, firm, association, corporation (including building contractors or their agents) shall be deemed a violation. The Building Division Director may refer violations to the City Attorney who may prosecute such violations according to the penalties provided in Section 42-332.
bAny person, firm, corporation, cooperative or other entity of whatsoever kind or nature who violates any provision of this chapter shall pay a forfeiture and shall be otherwise penalized as set forth in Section 42-332.
cEach day's continuance of any violation constitutes a separate violation.
dIn addition to and not in lieu of any forfeiture imposed herein, the City may apply for and the court may grant, from time to time, injunctive relief, including, but not limited to, abatement and mandatory performance.
(Code 1976, § 18.70.100) :::
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Secs. 42-527---42-545. Reserved.
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ARTICLE XVI. AIRPORT OVERLAY ZONING DISTRICT
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Sec. 42-546. Title.
This article shall hereafter be known, cited, or referred to as the Airport Overlay Zoning District (AOZD) of the Southern Wisconsin Regional Airport.
(Code 1976, § 18.80.010) :::
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Sec. 42-547. Effective date.
This article shall be effective January 1, 2010, after adoption by the City Council and publication as provided by law. Amendments to this chapter shall be effective after adoption.
(Code 1976, § 18.80.020) :::
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Sec. 42-548. General provisions.
The City Council of the City of Janesville do ordain the creation of the Airport Overlay Zoning District (AOZD) ordinance (hereafter referenced as the ordinance) of the Southern Wisconsin Regional Airport.
(Code 1976, § 18.80.030) :::
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Sec. 42-549. Authority.
This article is adopted pursuant to the authority granted by Wis. Stats. §§ 114.135 and 114.136. Further authorization is granted by Wis. Stats. §§ 32.05, 59.52, 59.58, 59.69, 60.61, 62.23, 85.02, 85.15, and Wis. Stats. ch. 114, as well as chapter TRANS 56 of the Wisconsin Administrative Code [Wis. Admin. Code ch. TRANS 56].
(Code 1976, § 18.80.040) :::
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Sec. 42-550. Purpose and intent.
aThe general purpose and intent of this article is to:
1Promote public health, safety, convenience, and general welfare of the community and its residents; and
2Protect the airport approaches and surrounding airspace from encroachment, as well as limit the exposure of impacts to persons and facilities in proximity to the airport, located within the Southern Wisconsin Regional Airport Overlay Zoning District.
bThe specific purpose and intent of this article is to:
1Impose land use controls, which are in addition to those underlying zoning classifications, that will maintain a compatible relationship between airport operations and existing and future land uses within the three-mile jurisdictional boundary;
2Regulate and restrict the height of structures and objects of natural growth, concentrations of people (density), visual obstructions (smoke, steam, dust, etc.), electrical and navigational interference, noise-sensitive land uses, and wildlife and bird attractants;
3Implement recommendations developed in the Southern Wisconsin Regional Airport Master Plan, Airport Land Use Plan, and/or Airport Layout Plans;
4Promote compatible land uses while respecting the physical characteristics of the County, the Southern Wisconsin Regional Airport, and locations and sites;
5Promote development in an orderly, planned, cost-effective, and environmentally-sound manner;
6Regulate and restrict building sites, placement of structures, and land uses by separating conflicting land uses and prohibiting certain land uses that are detrimental to airport operations, navigable airspace, and the Southern Wisconsin Regional Airport;
7Provide a uniform basis for the preparation, implementation, and administration of sound airport protection regulations for all areas within the three-mile jurisdictional boundary of the Airport Overlay Zoning District within the area to protect the health, safety, and welfare of the County residents;
8Provide a quality environment for human habitation and for encouraging the most appropriate use of land within the three-mile jurisdictional boundary within the County; and
9Control placement of buildings, heights of structures and natural vegetation, and designation of land uses to limit conflicts with airport operations, navigable airspace, and provide for the public health, safety, and welfare of county residents located in the vicinity of the Southern Wisconsin Regional Airport.
(Code 1976, § 18.80.050) :::
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Sec. 42-551. Abrogation and greater restrictions.
This article is not intended to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, or deed restrictions. However, wherever this article imposes greater restrictions, the provisions of this article shall govern.
(Code 1976, § 18.80.060) :::
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Sec. 42-552. Interpretation.
In their interpretation and application, the provisions of this article shall be held to be minimum requirements, shall be liberally construed in favor of City of Janesville, and shall not be deemed a limitation or repeal of any powers granted to the City of Janesville by the Wisconsin Statutes.
(Code 1976, § 18.80.070) :::
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Sec. 42-553. Ordinance supersedes conflicting ordinances.
All other ordinances or parts of ordinances of the City of Janesville inconsistent or conflicting with the provisions set forth in this article, to the extent of the inconsistency only, are hereby superseded by this article and publication.
(Code 1976, § 18.80.090) :::
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Sec. 42-554. Jurisdiction.
aThe jurisdiction of this chapter shall extend over all lands and waters within the three-mile jurisdictional boundary of the AOZD, as those boundaries now exist and as they are amended in the future.
bThe regulations of the AOZD shall apply:
1To all properties within the three-mile jurisdictional boundary identified by the application of Wis. Stats. § 114.136, measured from the Southern Wisconsin Regional Airport property line, regardless of the municipal boundary.
2To the properties within Rock County, Town of Beloit, City of Janesville, Town of La Prairie, Town of Rock, Town of Turtle, and City of Janesville, all of which lie entirely or partially within the three-mile jurisdictional boundary of the AOZD.
3To the limits represented by five independent zones which are defined in Section 42-565.
(Code 1976, § 18.80.100) :::
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Sec. 42-555. State and local agencies regulated.
Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this chapter and obtain all necessary permits. State agencies are required to comply if Wis. Stats. § 13.48(13), applies.
(Code 1976, § 18.80.110) :::
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Sec. 42-556. Disclaimer of liability.
The degree of protection provided by this article relative to aircraft operation and aircraft overflights is considered reasonable for regulatory purposes and is based on Federal Aviation Administration (FAA) Advisory Circular (AC) 150/5300-13, Airport Design Standards and Federal Aviation Regulations (FAR) Part 77, Objects Affecting Navigable Airspace. Therefore, this article does not imply that land uses within the vicinity of the Southern Wisconsin Regional Airport will be totally free from aircraft noise impacts, aircraft operations, and aircraft overflights. Nor does this article create liability on the part of, or a cause of action against, the Southern Wisconsin Regional Airport, Rock County, Town of Beloit, Town of Janesville, Town of La Prairie, Town of Rock, Town of Turtle, City of Janesville, or any officer or employee thereof, for incidents that may result from reliance on this article.
(Code 1976, § 18.80.120) :::
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Sec. 42-557. Use restrictions.
Through the use of the Southern Wisconsin Regional Airport Height Zoning Map, heights of structures and features, both manmade and natural growth, shall be limited. The following uses shall also be restricted and regulated as specified within this article:
1The following specific use restrictions and regulations shall also apply:
a. Existing uses. Nothing contained in this chapter shall require the removal of or any change in the construction, alteration, location, or use of any existing use; this includes the construction, alteration, or use of property or structural improvements lawfully in existence at the time of the effective date of the ordinance from which this chapter is derived, or which commenced prior to the effective date of the ordinance from which this chapter is derived, and has been completed or is being diligently pursued. This includes vacant platted lots that were established to accommodate proposed development prior to the effective date of the ordinance from which this chapter is derived. It is further provided that the height limits of this chapter shall in no event be exceeded.
1. Expansion of existing uses. Any existing use, as described in this chapter, may be expanded, altered, or otherwise enlarged as long as the following requirements are met:
iThe expansion, alteration, or enlargement meets the requirements of the Southern Wisconsin Regional Airport Height Zoning Map, the land use restrictions as provided in Tables 4 through 10 (requiring a Zoning/Building Site Permit and Affidavit (applicant's recorded affidavit accepting mitigation responsibilities), when specified), and is not otherwise prohibited by the underlying zoning ordinance of the municipality with jurisdictional authority.
iiExpansion of any existing use listed as a permitted use in Tables 4 through 10 does not require a zoning/building site permit and affidavit.
2. Substantial damage. The owner of any existing use, building, or structure which, as a result of fire, explosion, or other casualty is destroyed or substantially damaged, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred, shall be allowed to rebuild, reconstruct, or rehabilitate the same existing use on the same parcel, only if the following requirements are met:
iThe existing use is reviewed and complies with the Southern Wisconsin Regional Airport Height Zoning Map, the land use restrictions as provided in Tables 4 through 10 (requiring a zoning/building site permit and affidavit (applicant's recorded affidavit accepting mitigation responsibilities), when specified), and is not otherwise prohibited by the underlying zoning ordinance of the municipality with jurisdictional authority.
iiPermitted uses are those land uses generally considered compatible within a particular zone of the AOZD. Compatible land uses do not impact or create hazardous conditions for aircraft, airport operational areas, or aircraft overflight areas, and are considered reasonably safe for area residents. Permitted uses, however, shall conform to all Height Restrictions within the AOZD, and may be required by the Committee Designee to ensure height compliance. A zoning/building site permit and affidavit (applicant's recorded affidavit accepting mitigation responsibilities), is not required for compliance with this chapter. This includes expansion of any existing use listed as a permitted use in Tables 4 through 10.
iiiPermit required uses are those land uses that shall be permissible following the issuance of a City of Janesville Zoning/Building Site Permit. The permit, which may include development and use related conditions, along with a signed affidavit (applicant's recorded affidavit accepting mitigation responsibilities), notifies applicants of their responsibilities and required mitigation for any construction, alteration, location or use of land to minimize potential hazardous impacts to the Southern Wisconsin Regional Airport, aircraft, airport operational areas, and aircraft overflight areas, as well as residents of the area.
ivNot permitted uses are those land uses generally considered not compatible (incompatible) or not permitted within a particular zone of the AOZD. Incompatible land uses endanger the health, safety, and welfare of area residents and aircraft utilizing the Southern Wisconsin Regional Airport.
(Code 1976, § 18.80.130) :::
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Sec. 42-558. Penalties.
Any person, firm, or corporation who fails to comply with or violates the provisions of this chapter shall, upon conviction thereof, forfeit not less than $500.00 and no more than $5,000.00, plus the costs of prosecution, for each violation. Each day a violation exists or continues shall constitute a separate offense. The City of Janesville Citation Ordinance (Section 42-332) may also be used to address ordinance violations.
(Code 1976, § 18.80.140) :::
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Sec. 42-559. Violations.
aIt shall be unlawful to construct or use any structure, land, or water in violation of any of the provisions of this article. In case of any violation, the Community Development Director, and/or his or her designee may institute appropriate action or proceeding to enjoin a violation of this article or cause structure or use to be vacated or removed. The Building Division Director may refer violations to the City Attorney who may prosecute such violations according to the penalties provided in Section 42-332.
bAny person, firm, corporation, cooperative or other entity of whatsoever kind or nature who violates any provision of this article shall pay a forfeiture and shall be otherwise penalized as set forth in Section 42-332.
cEach day's continuance of any violation constitutes a separate violation.
dIn addition to and not in lieu of any forfeiture imposed herein, the City may apply for and the court may grant, from time to time, injunctive relief including, but not limited to, abatement and mandatory performance.
(Code 1976, § 18.80.150) :::
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Sec. 42-560. Administration.
aDesignation. The City Council hereby designates the Community Development Director (hereinafter referred to as Director) and/or his or her designee to administer and enforce the provisions of this article. In the event of any conflict, the determination or interpretation of the Community Development Director shall prevail.
bResponsibilities. The Director is hereby delegated the responsibility and authority to:
1Approve or conditionally approve Zoning/Building Site Permits that do not exceed required height restrictions;
2Advise applicants of the provisions of this chapter and assist them in preparing permit applications and appeals;
3Issue permits and inspect any building site or improvement or use of land as required by this article;
4Investigate and issue citations for violations of this article;
5Maintain records of approvals, denials, conditions of approvals, and inspections made, and maintain a complete public record of all proceedings;
6Maintain on file a list of all documentation of certified elevations; and
7Review and make recommendations to the County Board of Supervisors on all zoning map changes and amendments to the text of Land Control Ordinances, including the Airport Overlay Zoning District Ordinance.
cPowers. The Director shall have all the powers necessary to enforce the provisions of this article without limitation by reason of enumeration, including the following:
1To require complete and accurate information necessary to make reasonable evaluations of applications;
2To hear and grant applications for unclassified and unspecified uses, provided that such uses are similar in character to the principal uses permitted in the district; and
3To hear and grant applications for temporary uses in any district, provided that such uses are of a temporary nature, do not involve the erection of a substantial structure, and are compatible with neighboring uses. The permit shall be temporary, revocable, subject to any conditions required by the Director, and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this article shall be required.
dZoning/building site permit. When required by this article, a zoning/building site permit (valid for one year) shall be obtained from the Director and/or his or her designee before the removal of or any change in the construction, alteration, location, or use of any existing use or proposed use. In all cases, the height limits of this chapter shall not be exceeded. The zoning/building site permit (for permit required uses or for existing uses when specified), which may include development and use related conditions, along with a signed affidavit (applicant's recorded affidavit accepting mitigation responsibilities), notifies applicants of their responsibilities and required mitigation for any construction, alteration, location or use of land to minimize potential hazardous impacts to the Southern Wisconsin Regional Airport, aircraft, airport operational areas, and aircraft overflight areas, as well as residents of the area. Failure to obtain a zoning/building site permit when required, shall be a violation of this chapter. Application for a permit shall be made to the Director and/or his or her designee upon furnished application forms and shall include the following data:
1Name and address of the applicant, property owner, and contractor-builder; an accurate properly dimensioned map of the property, in duplicate showing;
2Legal description of the property, the type of proposed use, and an indication as to whether new construction or a modification to an existing structure is involved;
3A description of the proposed land use and building materials and landscaping materials;
4When the Director deems necessary, the elevation of the highest point of the structure, object, or natural vegetation using National Geodetic and Vertical Datum when locating within the individual zone of the AOZD, including existing ground elevations reporting in Mean Sea Level (MSL), height of the structure or object above ground measured in feet (AGL), and top elevation measured in MSL;
5When the Director deems necessary, evidence of submission for a Federal Aviation Administration (FAA) Form 7460-1, Notification of Proposed Construction or Alteration, commonly known as an airspace review. Receipt of final determination letter from the FAA is required prior to final approval or denial of a Zoning/Building Site Permit (as required for Permit Required Uses or for Existing Uses when specified);
6Applicant's affidavit accepting mitigation responsibilities to ensure that any use, construction or alteration of such use is compatible with this article; and
7Other permits. It is the responsibility of the applicant to secure all other necessary permits from all appropriate federal, state, and local agencies.
eApplication information. In order to secure evidence upon which to base its determination, the Director may require, in addition to the information required on Permit Application, the submission of plans of buildings; arrangement of operations; plat of grounds showing location and elevation of buildings, stockpiles, wells, septic systems, equipment storage, fences or screens, parking areas, traffic access, fill areas, floodproofing measures, landscaping; and any other pertinent information that may be necessary to determine if the proposed use meets the requirements of this chapter. Plans drawn to a scale of not less than one inch equals 200 feet showing the location, dimensions, elevations, and contours of the site; elevations of all pertinent structures, fill, or storage areas; size, location, and spatial arrangements of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; and the relationship of the above to the Southern Wisconsin Regional Airport, as well as a particular zone of the AOZD.
fStandards applicable to all permit required uses within the Airport Overlay Zoning District. Upon reviewing a zoning/building site permit application in the AOZD, the Director shall consider the factors listed below. In addition, the Director is not authorized to allow any use to exceed a height limitation in the AOZD.
1Potential to create an undue concentration of people (density);
2Potential to cause visual obstructions (through the creation of smoke, steam, dust, lighting or other unspecified obstruction) that would adversely effect aircraft operational areas and airspace, and specifically the proximity to runway ends, runway surfaces and extended runway centerlines;
3Potential for noise sensitivity, and when necessary, ensuring building construction that reduces airport related noises for proposed uses;
4Creation of electrical or navigational interference;
5Creation of standing water areas or detention/retention ponds which may attract wildlife, thus designing or mitigating standing water areas or detention/retention ponds to avoid attracting wildlife;
6Creation of wildlife attractants other than water;
7Potential storage of flammable or hazardous materials limits as defined by the Wisconsin Commercial Building Code;
8At the owner's expense, the technical expertise of a professional surveyor and/or engineer to determine exact locations and elevations. This may be done to confirm the accuracy of information supplied by the applicant.
gConditions of approval. Upon consideration of the factors listed above, the director may deny or approve the issuance of a zoning/building site permit; any approval may require attached conditions the committee designee deems necessary in furthering the purpose of this chapter. Violation of any of these conditions shall be deemed a violation of this chapter.
hAppealing decisions of the Director. If the Director and/or his or her designee denies or conditionally approves a zoning/building site permit 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 Division within 30 days following the Committee Designee's determination or be forever barred. The Plan Commission may affirm, overrule or modify a decision of the Director and/or his or her designee.
(Code 1976, § 18.80.160) :::
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Sec. 42-561. Board of Adjustment.
There is hereby established a Zoning Board of Appeals pursuant to Wis. Stats. § 62.23(7). As prescribed, Article VI of this chapter, are hereby referenced and made part of this article.
1Any person, office, or department aggrieved by an order, requirement, interpretation, or determination made by the Director and/or his or her designee may appeal such decision to the City of Janesville Board of Appeals for final judgment.
2Use variances shall not be granted under the ordinance.
3Height variances shall not be granted under this article.
4Where the Zoning Board of Appeals finds that unnecessary hardships or practical difficulty will result from strict compliance with these regulations, they may approve variances so that substantial justice may be done and the public interest is secured. Such variance shall not have the effect of nullifying the intent and purpose of these regulations. The Board of Appeals shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
a. The proposed variance request is not contrary to the public interest and is consistent with the intent of applicable ordinances and will not compromise public safety and welfare (will not hinder airport operations and/or future growth of the Southern Wisconsin Regional Airport);
b. The proposed variance will not serve as a special privilege and is justified based on special conditions on the property, which are not shared by other properties in the same locality or district (for example, lot shape, elevation or topography);
c. A strict and literal interpretation of the chapter will result in a practical difficulty and unnecessary hardship on the property owner (hardship shall be distinguished from inconvenience);
d. The variance is not requested because of a self-imposed hardship;
e. Shall not be granted solely on the basis of economic gain or loss; and
f. Shall not be granted for actions which require an amendment to this article or the map described in any section of this article.
5Conditions. In approving variances, the Zoning Board of Appeals may require conditions that will, in its judgment, substantially secure the objectives of the standards or requirements of these regulations.
6Procedures. An appeal or an application for a variance shall be submitted to the Zoning Board of Appeals within 30 days of the action of the Director and/or his or her designee.
7Presenting evidence. In all cases, the person contesting the location of the district boundary shall be given a reasonable opportunity to present arguments and technical evidence to the Board of Appeals. Where it is determined that the district boundary is incorrectly mapped, the Board should either inform the Director to proceed to petition Rock County or inform the person contesting the location of the boundary to petition Rock County, for a map amendment pursuant to Chapter 29.
(Code 1976, § 18.80.170) :::
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Sec. 42-562. Fees.
At the time of application, the property owner or his or her agent shall pay the fees established pursuant to Section 42-277.
(Code 1976, § 18.80.180) :::
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Sec. 42-563. Applicant's recorded affidavit accepting mitigation responsibilities.
For all permit required uses or for existing uses when specified, the following information shall be noticed to each applicant indicating the responsibilities of the applicant to mitigate any construction, alteration, location or use of land to minimize potential hazardous impacts to the Southern Wisconsin Regional Airport, aircraft, airport operational areas, and aircraft overflight areas, as well as area residents. Failure of applicant to mitigate potential hazardous impacts shall be a violation of the terms and requirement of this chapter. A signed and accepted affidavit must be recorded in the Rock County Register of Deeds. Permitted uses under this chapter are not required to secure a zoning/building site permit or affidavit. Those potential impacting issues are listed below:
1Site design and physical characteristics.
a. Existing topography, drainage patterns, and vegetative cover and the suitability of the proposed use in that regard.
b. Proximity of runway environs and extended runway centerline areas.
c. Location of any linear roadways, relative to the alignment of the runway or the extended runway centerline.
2Noise sensitivity.
a. Insulate the structure/land use to reduce noise impacts.
b. Use airport compatible landscaping material to mitigate noise exposure.
c. Shift the structure or land use to allow for a more compatible location.
3Tall structures.
a. Lower the structure or land use to a compatible height.
b. Shift the structure or land use to allow for a more compatible location.
4Visual obstructions.
a. Install down-shielded light fixtures.
b. Reduce the number of lighting fixtures, while still illuminating the land use area safely.
c. Configure lighting so it does not align with a runway or airport facility, making it easier for a pilot to distinguish the airport from the development.
d. Limit reflective building materials, such as mirrored/reflective glass, solar panels, metal roofs, etc., within the vicinity of the airport.
e. Locate areas of water away from the airport to minimize reflection.
f. Shift the structure or land use within the site so that prevailing wind directions carry smoke, steam, or dust away from the airport.
g. Change land use activity to reduce or limit emissions of smoke, steam, or dust.
5Wildlife and bird attractants.
a. Select and space vegetative species to minimize habitats and food sources.
b. Maintain appropriate grass lengths to minimize wildlife attractants.
c. Prohibit certain agricultural crops near the airport.
d. Eliminate or mitigate standing water bodies that provide water and habitat.
e. Use repellents to disperse wildlife in a humane manner.
(Code 1976, § 18.80.190) :::
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Sec. 42-564. Airport Overlay Zoning Districts.
aAirport Overlay Zoning District. All Southern Wisconsin Regional Airport Overlay Zoning Districts established by this article are shown on the Southern Wisconsin Regional Airport Overlay Zoning District Map on file with the County Planning and Development Agency and Janesville Planning Division and are adopted as part of this article.
bAirport Height Zoning District. All height zones established by this article are shown on the Southern Wisconsin Regional Airport Height Zoning Map on file with the County Planning and Development Agency and Janesville Planning Division and are adopted as part of this article.
Height limitations. No building, structure, object, or vegetation (e.g., trees, shrubs) shall be constructed, erected, altered, allowed to grow, or planted within any AOZD established by this article to a height in excess of the applicable height limitations as shown on the Southern Wisconsin Regional Airport Height Zoning Map, which is maintained by the County Planning and Development Agency and also kept on file in the Janesville Planning Division. The permitted height shall not exceed the height limitation elevations shown on the Southern Wisconsin Regional Airport Height Zoning Map within the various zones encompassed by this article.
(Code 1976, § 18.80.200) :::
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Sec. 42-565. Establishment of Airport Overlay Zoning Districts
For the purpose of this article, the area of Rock County under the jurisdiction of this article is hereby divided into the following districts and zones:
1Airport Overlay Zoning District.
a. Zone A: Runway protection zone (RPZ).
b. Zone B1: Approach surface.
c. Zone B2: Approach surface.
d. Zone C: Transitional surface.
e. Zone D: Three-mile jurisdictional boundary.
2Airport height zoning district.
(Code 1976, § 18.80.210) :::
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Sec. 42-566. Zoning map and district boundaries.
aThe boundaries of each district are established as shown on a map entitled "Southern Wisconsin Regional Airport Overlay Zoning District Map, Rock County, Wisconsin," dated April 23, 2009 and the Height Restrictions are established on a map entitled "Southern Wisconsin Regional Airport Height Zoning Map, Rock County, Wisconsin, dated December 11, 2003," as amended and adopted on April 23, 2009 by the Rock County Board of Supervisors. The Southern Wisconsin Regional Airport Overlay Zoning District Map and Southern Wisconsin Regional Airport Height Zoning Map bear the signature of the County Board Chairman attested by the County Clerk and shall be on file in the County Planning and Development Agency and Janesville Planning Division be readily available to the public.
bThe AOZD, as presented in this section, has been created for the purpose of imposing special regulations in designated areas of Rock County to accomplish specific purposes that are set forth within each individual AOZD. The AOZD shall be in addition to, and shall overlap and overlay, all other zoning districts within the three-mile jurisdictional boundary of the Southern Wisconsin Regional Airport.
1The Southern Wisconsin Regional Airport Height Zoning Map dated December 11, 2003, as amended, accompanies and is made part of this chapter. The elevation numbers indicated within each cell are established as shown on a map entitled "Southern Wisconsin Regional Airport Height Zoning Map, Rock County Wisconsin," dated December 11, 2003, as amended. Cell elevation numbers indicated on this map provide the maximum permissible height above mean sea level (MSL), which buildings, structures, objects, or vegetation in that cell shall not exceed. The provisions of the AOZD within this chapter shall apply to all cell areas indicated on this map.
2The Airport Overlay Zoning Districts are established as shown on the Airport Overlay Zoning District Map entitled "Southern Wisconsin Regional Airport Overlay Zoning District Map, Rock County, Wisconsin," dated April 23, 2009, as amended. This Airport Overlay Zoning District Map is to be used in conjunction with the Southern Wisconsin Regional Airport Height Zoning Map, and is made part of this article. Federal Aviation Regulations (FAR) Part 77 Surfaces and FAA Runway Protection Zones (RPZs) have been utilized to create five individual zones as part of the AOZD associated with compatible land use near the Southern Wisconsin Regional Airport. These districts encompass a three-mile radius from the Southern Wisconsin Regional Airport property line, as authorized by Wisconsin Statutes.
(Code 1976, § 18.80.220) :::
Sec. 42-567. Airport Overlay Zoning District.
aPurpose of Airport Overlay Zoning District. The purpose of the AOZD is to provide a means of attaining the goals and objectives of the Rock County Comprehensive Plan and the Southern Wisconsin Regional Airport Master Plan, Airport Land Use Plan, and/or Airport Layout Plans, and to protect a public airport from incompatible uses of land, people, and property from encroaching into areas where historical and practical experience indicates that conflict will result.
bAirport land use zones. The AOZD is comprised of five individual zones, which include A, B1, B2, C, and D.
cZones enforced by this article.
1Primary surface. The primary surface is the only FAR part 77, surface that is not specifically used as a land use compatibility zone due to its proximity to the runway environs. This surface area must be owned and under the control of the airport. The primary surface must be clear of all obstructions except those fixed by their function, such as runway edge lights, navigational aids, or airport signage. The primary surface is currently controlled by the Southern Wisconsin Regional Airport. Even though the primary surface is not included as a land use zone, it functions as an important safety area since it is longitudinally centered on a runway and is intended to provide an Object Free Area (OFA) around the runway surface. When a runway has a prepared hard surface, such as those at the Airport, the primary surface will extend 200 feet beyond each individual runway end. The following primary surface widths are applied to the specific Airport runways:
a. Runway 14/32: 1,000 feet.
b. Runway 04/22: 1,000 feet.
c. Runway 18/36: 250 feet.
Table 1, Figure 1, and Figure 2 depict various dimensional requirements for the primary surface and other FAR part 77, surfaces. A visual approach runway has relatively small surfaces, with approach and horizontal surfaces extending 5,000 feet from the primary surface at an approach slope of 20 feet horizontally for each one foot vertically (20:1). For a non-precision approach runway, both the approach and horizontal surfaces extend either 5,000 or 10,000 feet from the primary surface, depending on the design category of the runway. The approach surfaces for precision approach runways are similar to those for non-precision approach runways, except that the approach surface extends 50,000 feet from the primary surface and the horizontal surface extends 10,000 feet from the primary surface.
2Zone A runway protection zone (RPZ). The dimensional standards for Zone A are the same as those described in FAA AC 150/5300-13, Airport Design Standards and are illustrated in Table 2 and Figure 3.
3Zone B approach surface. Zone B is a critical overlay zoning surface that reflects the approach and departure areas for each runway at the airport. The size of Zone B is the combination of Zone B1 and B2 and is predicated on the approach type (visual, non-precision, or precision) at a specific runway and the type/size of aircraft utilizing the runway, as illustrated in Table 3 and Figure 4. A portion of Zone B1 is superseded by Zone A because the approach surface and RPZ overlap the entire length of the RPZ. Consequently, the length of Zone B1 begins at the inner edge of the RPZ and continues to one-half the length of the approach surface beyond Zone A. Zone B2 is also equal to one-half the length of Zone B, beyond Zone B1, and is located at the outer edge of the zone.
4Zone C transitional surface. The areas within Zone C are those that extend 1,050 feet outward from the edge of the primary surface, paralleling the runway and extended runway centerline with Zone B1, to a length equal to the outer edge of Zone A and then squared to meet Zone A, as shown in the Table 3 and Figure 4.
5Zone D three-mile jurisdictional boundary. Zone D encompasses the horizontal (innermost area) and conical surface (outermost area) of the FAR part 77, surfaces, all of which represent the three-mile jurisdictional boundary, as provided for within Wisconsin Statutes (Table 3 and Figure 4). Zone D is calculated by intersecting a series of three three-mile arcs drawn from the outermost property boundaries of the airport.
Table 1. Southern Wisconsin Regional Airport Runway Information
Runways Runway Length (feet) Runway Width (feet) FAR Part 77
Classifications
14 7,300 150 B(D)
32 PIR
04 6,701 150 PIR
22 B(D)
18 5,000 75 A(V)
36 A(V)
a. Utility and visual runway. A utility runway is constructed and intended for use by propeller-driven aircraft with maximum gross weight of 12,500 pounds or less. A visual runway is intended for the operation of aircraft using solely visual approach procedures, with no straight-in instrument approach procedure.
b. Non-utility and non-precision instrument runway. A non-utility runway is constructed and intended for use by aircraft with a maximum gross weight greater than 12,500 pounds. A non-precision instrument runway has an existing instrument approach procedure that utilizes air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved.
PIR---Precision instrument runway has an existing instrument approach procedure that utilizes an Instrument Landing System (ILS) or a Precision Approach Radar (PAR).
Source: FAR Part 77 Object Affecting Navigable Airspace.
Figure 1. FAR part 77 Surfaces---Plan View
{width="3.3335in"
height="2.1665in"}
Figure 2. FAR part 77 Surfaces---3D Isometric View of Section A
{width="3.3335in"
height="2.7917in"}
Table 2. Airport Overlay Zone A Dimensional Requirements
Runway\ Approach Visibility Minimums^1^ Dimensions
\
Ends\
Length L\ Inner Width W ~1\ ~\ Outer Width W ~2\ ~\ RPZ acres
feet (meters) feet (meters) feet (meters)
14 Not lower than ¾-mile (1,200m), all aircraft 1,700 (510) 1,000 (300) 1,510 (453) 48.978
32 Lower than¾ mile (1,200m), all aircraft 2,500 (750) 1,000 (300) 1,750 (525) 78.914
04 Lower than¾ mile (1,200m), all aircraft 2,500 (750) 1,000 (300) 1,750 (525) 78.914
22 Not lower than¾ mile (1,200m), all aircraft 1,700 (510) 1,000 (300) 1,510 (453) 48.978
18 Visual and not lower than 1-mile (1,600m), small aircraft 1,000 (300) 250 (75) 450 (135) 8.035
36 Visual and not lower than 1-mile (1,600m), small aircraft 1,000 (300) 250 (75) 450 (135) 8.035
^1\ ^The RPZ dimensional standards are for the runway end with the specified approach visibility minimums.\
^2\ ^The departure RPZ dimensional standards are equal to or less than the approach RPZ dimensional standards.
When an RPZ begins other than 200 feet (60m) beyond the runway end, separate approach and departure RPZs should be provided. Refer to FAA AC 150/5300-13, Change 11, Appendix 14 for approach and departure RPZs.
Source: Southern Wisconsin Regional Airport, Airport Layout Plan, and information from FAA AC 150/5300-13, Change 11, Airport Design Standards.
Figure 3. Airport Overlay Zone A Runway Protection Zone (RPZ) Diagram
{width="3.3193in"
height="2.1945in"}
Source: FAA AC 150/5300-13, Change 11, Airport Design Standards.
Table 3. Airport Overlay Zones B1, B2, C, and D Dimensional Requirements
Dimensions\ Item Runway Dimensional Standards (Feet)
\
in Figure 2
14 32 04 22 18 36
1 Primary surface width and Zone B1 inner width 1,000 1,000 1,000 1,000 250 250
2 Zone B2 end width 4,000 16,000 16,000 4,000 1,250 1,250
3 Combination of Zone B1 and B2 length^1\ ^ 10,000 10,000 10,000 10,000 5,000 5,000
4 Zone C width 1,050 1,050 1,050 1,050 1,050 1,050
5 Zone D length^2\ ^ 15,840 15,840 15,840 15,840 15,840 15,840
^1\ ^Length of B1 and B2 begin at the edge of the primary surface. Area of B1 is located under Zone A and is superseded by Zone A requirements.\
^2\ ^Zone D is located using a three-mile radius from the outermost property limits of the airport and drawing a smoothed curve to connect these surfaces.
Source: Mead & Hunt.
Figure 4. Airport Overlay Zones B1, B2, C, and D Diagram
{width="3.3193in"
height="3.7638in"}
dSouthern Wisconsin Regional Airport Overlay Zoning District Maps. The boundary of the AOZD shall extend three-miles beyond the airport property line. The AOZD utilizes two maps which bear the signature of the County Board Chairman attested by the County Clerk and shall be on file in the office of the County Planning and Development Agency.
1Southern Wisconsin Regional Airport Height Zoning Map dated December 11, 2003 as amended, accompanies this chapter and illustrates the allowable heights for structures, objects, and natural vegetation. No trees shall be allowed, nor shall any structure be constructed, altered, located, or permitted which exceeds the height limitations indicated on the Southern Wisconsin Regional Airport Height Zoning Map. The maximum height elevations, measured above mean sea level (MSL), on said map are shown by topographic lines depicted in relationship to section lines and land subdivision lines on said map.
2Southern Wisconsin Regional Airport Overlay Zoning District Map dated April 23, 2009, accompanies this chapter and illustrates the allowable land uses within a particular zone of the AOZD. No land use should be allowed nor shall any structure be constructed, altered, located, or permitted which encroaches upon the Southern Wisconsin Regional Airport creating hazards for aircraft, airport operational area, and aircraft overflight areas, as well as area citizens. The particular zones of the AOZD are illustrated on the Southern Wisconsin Regional Airport Overlay Zoning District Map.
a. Exceptions. The restrictions contained in this section shall not apply to legal fences when located outside the Southern Wisconsin Regional Airport property lines.
b. Hazard marking and lighting. Any permit may, if such action is deemed advisable by the Community Development Director and the FAA, require the owner of a structure or tree to install, operate, and maintain thereon such markers, lights, and navigational aids as may be necessary to indicate to the fliers the presence of an airport hazard, at the owner's expense.
c. Prohibited uses in the Airport Overlay Zoning District.
1. Any use that would exceed the height restrictions of the AOZD.
2. No overhead electric, telephone, telegraph, or cable lines shall be erected within Zone A.
d. Land use airport zone charts and restrictions. Tables 4 through 10 shall be utilized for determination of any land use within this AOZD. No construction, alteration, location or use of land shall be inconsistent with the required AOZD as outlined in Tables 4 through 10.
Table 4. Residential Activities
Southern Wisconsin Regional Airport Land Use Airport Zone Chart
E = Existing Land Use (Development or land use currently on the ground),\
F = Future Land Use (Proposed future development or land use),\
P = Permitted^**\ ^\
R = Permit Required^*\ ^\
N = Not Permitted,\
^*\ ^Permit Required use in a location sensitive to the intent of this chapter, requiring the Committee Designee's detailed attention and caution when considering conditions for a Zoning Building/Site Permit\
^**\ ^Pending height restriction compliance
Land Uses\ Zone A Zone B1 Zone B2 Zone C Zone D
E F E F E F E F E F
Residential Activities
Single-Family Uses (1 dwelling per lot)
Detached Single Family Dwelling (e.g., farm dwelling, detached single family house, or manufactured, modular, mobile home if converted to real property and taxed) R N P R P R R N P P
Detached Zero Lot Line Dwelling (e.g., condominium) R N P R P R R N P P
Attached Single Family Dwelling (e.g., townhouse) R N P R P R R N P P
Two Family Uses (e.g., two principal dwelling units within one building on the same parcel) R N P R P R R N P P
Multifamily Uses (Three or more principal dwelling units within a single building on the same parcel) (e.g., apartment, condominium, townhouse-style)
Low-Rise (2 to 3 Levels) R N P R P R R N P P
Mid-Rise (4 to 12 Levels) R N P R P R R N P P
High-Rise (13+ Levels) R N P N P R R N P P
Group Living Uses (e.g., assisted living, group care, independent group living, nursing and convalescent home)
Residential Group Living Units (1 dwelling per lot) R N P R P R R N P P
Commercial Group Living Units (e.g., apartment style dwelling unit
Low-Rise (2 to 3 Levels) R N P R P R R N P P
Mid-Rise (4 to 12 Levels) R N P R P R R N P P
High-Rise (13+ Levels) R N P N P R R N P P
Manufactured Housing Parks R N P R P R R N P P
Table 5. Commercial Activities
Southern Wisconsin Regional Airport Land Use Airport Zone Chart
E = Existing Land Use (Development or land use currently on the ground),\
F = Future Land Use (Proposed future development or land use),\
P = Permitted^**\ ^\
R = Permit required^*\ ^\
N = Not Permitted,\
*Permit Required use in a location sensitive to the intent of this chapter, requiring the Committee Designee's detailed attention and caution when considering conditions for a Zoning Building/Site Permit\
^**\ ^Pending height restriction compliance
Land Uses\ Zone A Zone B1 Zone B2 Zone C Zone D
E F E F E F E F E F
Commercial Activities
Casino R N R N R R R N P P
Eating and Drinking Establishments (e.g., restaurant, cafe, coffee shop, fast food restaurant, bar, nightclub, tavern, cocktail lounge) R N P R P R R R P P
General Office (e.g., professional, business, financial, governmental)
Low-Rise) (2 to 3 Levels) R N P R P P R R P P
Mid-Rise (4 to 12 Levels) R N P R P R R N P P
High-Rise (13+ Levels) R N R N R R R N P P
Hospitality-Oriented (e.g., hotel, motel, convention center, meeting hall, event facility)
Low-Rise (2 to 3 Levels) R N P R P P R R P P
Mid-Rise (4 to 12 Levels) R N P R P P R N P P
High-Rise (13+ Levels) R N P N P R R N P P
Medical/Dental Office (e.g., medical, dental, chiropractic, physical therapy)
Low-Rise (2 to 3 Levels) R N P R P P R R P P
Mid-Rise (4 to 12 Levels) R N P R P R R N P P
High-Rise (13+ Levels) R N R N R R R N P P
Outdoor Storage and Display-Oriented (e.g., outdoor storage-lumber yard, vehicles sale, landscape material and nursery product sale, or farm supply equipment sale) R N P R P R R R P P
Personal Service-Oriented (e.g., retail service, banking facility, laundromat, dry cleaning, quick-printing service, beauty salon, tanning salon, funeral home) R N P R P P R R P P
Quick Vehicle Servicing Uses (e.g., full-serve/mini-serve gas station, unattended card key service station) R N P R P R R N P P
Repair-Oriented (e.g., consumer goods-electronic, office equipment, appliance) R N P R P P R R P P
Retail Uses (e.g., sale, lease, or rent of new or used products)
Small Sales-Oriented, (e.g., appliance, convenience store, bakery, electronic, furniture, garden supply, grocery, hardware, video) R N P R P P R R P P
Large Sales-Oriented (e.g., big box store, mall, strip mall) R N P R P R R R P P
Surface passenger services (e.g., passenger terminal for buses, rail service, local taxi, limousine service) R N P R P R R R P P
Vehicle repair uses
(e.g., vehicle repair or service shop, alignment shop, tire sale) R N P R P R R R P P
Table 6. Industrial/Manufacturing Activities
Southern Wisconsin Regional Airport Land Use Airport Zone Chart
E = Existing Land Use (Development or land use currently on the ground)\
F = Future Land Use (Proposed future development or land use)\
P = Permitted^**\ ^\
R = Permit Required^*\ ^\
N = Not Permitted\
^*\ ^Permit Required use in a location sensitive to the intent of this chapter, requiring the Committee Designee's detailed attention and caution when considering conditions for a Zoning Building/Site Permit\
**Pending height restriction compliance
Land uses\ Zone A Zone B1 Zone B2 Zone C Zone D
E F E F E F E F E F
Industrial/Manufacturing Activities
Industrial service uses (e.g., machine shop, tool repair, towing and vehicle storage, building supply yard, heating/plumbing/electrical contractor, exterminator, janitorial service, fuel oil distributor, solid fuel yard) R N P R P P R R P P
Manufacturing and Production Uses (e.g., manufacturing, processing, fabrication, packaging or assembly of goods)
Technical/Light Manufacturing (e.g., electrical components, engineering, scientific and research office, optical, computer hardware/software, publishing, pharmaceuticals, printing/photo facility,) R N P R P P R R P P
General Manufacturing (e.g., manufacturing, compounding, assembling or treatment of most articles, materials, or merchandise) R N P R P P R R P P
Heavy Manufacturing (e.g., concrete and asphalt plant, meat packing plant, wet corn milling, manufacturing of animal feed, paper or paperboard mill, ethanol plant) R N R N R R R N P P
Mining and Extraction Uses R N R N R N R N P P
Salvage Operations (e.g., collect, store, and dismantle damaged or discarded vehicles, machinery, appliances, building material) R N P R P R R N P P
Self-Service Storage Uses (e.g., mini-warehouse, storage facility) R N P R P P R R P P
Warehouse and Freight Uses (e.g., major wholesale distribution center, general freight storage, railroad switching yard, bus or rail car storage lot, parcel service, grain terminal) R N P R P P R R P P
Waste-Related Uses (e.g., recycling center, sanitary landfill, waste transfer station, composting, energy recovery plant, sanitary or water treatment facility, sanitary collection or pumping facility, hazardous waste collection site) R N P N P N R N P R
Wholesale Sales Uses (e.g., sale, lease, or rental of products to retailers for industrial, institutional, or commercial business users) R N P R P P R R P P
Table 7. Institutional Activities
Southern Wisconsin Regional Airport Land Use Airport Zone Chart
E = Existing Land Use (Development or land use currently on the ground)\
F = Future Land Use (Proposed future development or land use)\
P = Permitted^**\ ^\
R = Permit Required^*\ ^\
N = Not Permitted\
^*\ ^Permit Required use in a location sensitive to the intent of this chapter, requiring the Committee Designee's detailed attention and caution when considering conditions for a Zoning Building/Site Permit\
^**\ ^Pending height restriction compliance
Land Uses\ Zone A Zone B1 Zone B2 Zone C Zone D
E F E F E F E F E F
Institutional Activities
College and Universities (e.g., public or private college or university, technical college, seminary) R N R N P R R N P R
Community Service Uses (e.g., public, nonprofit, or charitable nature providing a local service to the people)
General Community Service (e.g., library, museum, transit center, senior/community/neighborhood center, police/fire/EMS station, park and ride facility) R N R N P R R R P R
Community Service-Shelter (e.g., transient housing) R N R R P R R R P R
Daycare Uses (e.g., childcare center, adult daycare, preschool, after school program)
Residential day care Uses (e.g., in-home adult/child day care facility) R N R R P R R N P P
Institutional Day care Uses (e.g., childcare center, preschool, after school program, adult day care) R N R N P R R N P R
Detention Facilities (e.g., prison, jail, probation center, halfway house, juvenile detention home) R N R N P R R N P R
Educational Facilities
General Educational Facilities (e.g., public and private elementary, middle, junior, and senior high school including religious, boarding, military) R N R N P R R N P R
Specialized Education Facilities (e.g., specialized trade, business, or commercial courses, non-degree granting school) R N R N P R R R P R
Hospitals (e.g., hospital and medical center) R N R N P R R N P R
Religious Assembly Uses (e.g., church, temple, mosque, Masonic, synagogue, eagles/moose/elk lodge) R N R N P R R N P R
Table 8. Infrastructure Activities
Southern Wisconsin Regional Airport Land Use Airport Zone Chart\
E = Existing Land Use (Development or land use currently on the ground)\
F = Future Land Use (Proposed future development or land use)\
P = Permitted^**\ ^\
R = Permit Required^*\ ^\
N = Not Permitted\
^*\ ^Permit Required use in a location sensitive to the intent of this chapter, requiring the Committee Designee's detailed attention and caution when considering conditions for a Zoning Building/Site Permit\
^**\ ^Pending height restriction compliance
Land Uses Zone A Zone B1 Zone B2 Zone C Zone D
E F E F E F E F E F
Infrastructure Activities
Basic Utility Uses (e.g., utility or electrical substation) R N R R R R R R P R
Communication Transmission Facility Uses (e.g., broadcast, wireless, point to point, or emergency tower and antennae) R N R N R R R N P R
Parking Uses (e.g., ground lot, parking structure) R R P P P P P P P P
Transportation Uses
(e.g., local or county road, highway, interstate) R R P P P P P P P P
Utility Uses (e.g., wind generator, wind farm, solar power generation equipment) R N R N R R R N P R
Water Tower R N R N R R R N P R
Table 9. Agriculture and Open Space Activities
Southern Wisconsin Regional Airport Land Use Airport Zone Chart\
E = Existing Land Use (Development or land use currently on the ground)\
F = Future Land Use (Proposed future development or land use)\
P = Permitted^**\ ^\
R = Permit Required^*\ ^\
N = Not Permitted\
^*\ ^Permit Required use in a location sensitive to the intent of this chapter, requiring the Committee Designee's detailed attention and caution when considering conditions for a Zoning Building/Site Permit\
^**\ ^Pending height restriction compliance
Land Uses Zone A Zone B1 Zone B2 Zone C Zone D
E F E F E F E F E F
Agriculture and Open Space Activities
Agricultural Uses (e.g., commercial cultivation of plants, livestock production)
Animal-related (e.g., livestock , dairy , horse farm) R R P P P P P P P P
Facility-related (e.g., fuel bulk storage or pumping facility, grain elevator, or livestock, seed, grain sales) R N R N P R R N P R
Plant-related (e.g., crop farming, vegetable, fruit, tree, wholesale plant nursery) R R P P P P P P P P
Resident-related (e.g., single-family home or mobile home if converted to real property and taxed) R N P R P R R N P P
Water Bodies
Manmade resources (e.g., mining or extraction pond, standalone retention or detention pond, or wetland mitigation site) R N P R P R R N P R
Wildlife Preservation Areas (e.g., petting zoo, wildlife rehabilitation center, zoo) R N R N P R R N P P
Table 10. Parks and Recreation Activities
Southern Wisconsin Regional Airport Land Use Airport Zone Chart
E = Existing Land Use (Development or land use currently on the ground)\
F = Future Land Use (Proposed future development or land use)\
P = Permitted^**\ ^\
R = Permit Required^*\ ^\
N = Not Permitted\
^*\ ^Permit Required use in a location sensitive to the intent of this chapter, requiring the Committee Designee's detailed attention and caution when considering conditions for a Zoning Building/Site Permit\
^**\ ^Pending height restriction compliance
Land Uses\ Zone A Zone B1 Zone B2 Zone C Zone D
E F E F E F E F E F
Parks and Recreation Activities
Commercial Recreational Uses (e.g., facilities used for physical exercise, recreation, or culture)
Golf (e.g., 9+ hole course, golf driving range, outdoor miniature golf) R N R R P R R N P P
Indoor (e.g., physical fitness center, health club, bowling alley, skating rink, billiard hall, arcade, indoor theater) R N R R P R R N P P
Outdoor (e.g., campground, tennis/swimming facility, drive-in theater, skating rink, pavilion, amphitheater) R N R R P R R N P P
Parks (e.g., aquatic, mini, private, sports, neighborhood, school, community) R N P R P R R N P P
Utility uses (e.g., amusement or theme park, fairground, racetrack, sports arena) R N R N P R R N P P
::: {}
Sec. 42-568. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. For the purpose of these regulations, certain numbers, abbreviations, terms, and words used herein shall be used, interpreted, and defined as set forth in this article. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the term "herein" means "in these regulation," the term "regulations" means "these regulations."
Accessory structure oruse means a detached subordinate structure or a use which is clearly incidental to and customarily found in connection with the principal structure or use to which it is related, and which is located on the same lot as that of the principal structure or use.
Air traffic (FAA FAR Sec. 1.1) means aircraft operating in the air or on an airport surface, exclusive of loading ramps and parking areas.
Airport (FAA FAR Sec. 152.3) means the Southern Wisconsin Regional Airport owned by Rock County. Any area of land or water that is used or intended to be used for the landing and takeoff of aircraft. Any appurtenant areas that are used or intended for use for airport buildings, other airport facilities, or rights-of-way; and all airport buildings and facilities located on the areas specified in this definition.
Airport elevation (FAA AC 150/5190-4A) means the highest point on the usable landing area of an airport that is measured in feet from mean sea level (MSL).
Airport environs means the land use and people in the areas surrounding an airport which can be directly affected by the operation of the airport.
Airport hazard (FAA FAR Sec. 152.3) means any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near a public airport that obstructs the airspace required or is otherwise hazardous for the flight of aircraft landing or taking off at the airport.
Airport layout plan (ALP) (FAA FAR Sec. 152.3) means the plan of an airport that shows the layout of existing and proposed airport facilities.
Airport master plan means the Southern Wisconsin Regional Airport Master Plan Report, 2009, as updated.
Airport overlay zones means a zone intended to place additional land use conditions on land impacted by the airport while retaining the existing underlying zone. The FAR part 77 Surfaces and runway protection zones (RPZs) have been combined to create five airport overlay zones. The five specific zones create a comprehensive area focused on maintaining compatible land use around airports.
1*Zone A---*is intended to provide a clear area that is free of above ground obstructions and structures. This zone is closest to the individual runway ends.
2*Zone B1 and B2---*Reflects the approach and departure areas for each runway at an airport. The size of Zone B is predicated upon the type of approach (visual, non-precision, or precision) that a specific runway has and the type/size of aircraft that utilize the runway.
3*Zone C---*Includes those areas that are parallel to the runway pavement and extend 1,050 feet from the edge of the primary surface.
4*Zone D---*Encompasses the horizontal surface (innermost area) and the conical surface (outermost area), which make up the three-mile jurisdictional boundary delineated at the Southern Wisconsin Regional Airport.
Airport reference code (ARC)(FAA Web site www.faa.gov) means the ARC is an FAA coding system used to relate airport design criteria to the operational and physical characteristics of the airplanes intended to operate at the airport.
Airport reference point (ARP)(FAA AC 150/5300-13) means the latitude and longitude of the approximate center of the airport.
Airport zoning permit means a zoning/building site permit that allows new development or alteration or expansion of a permit required use.
Airside (FAA Web site www.faa.gov) means the portion of an airport facility that includes aircraft movements, airline operations, and areas that directly serves the aircraft, such as taxiway, runway, maintenance, and fueling areas.
Airspace (FAA Web site www.faa.gov) means the space lying above the earth or above a certain area of land or water that is necessary to conduct aviation operations.
Alteration means any construction which would result in a change in height or lateral dimensions of an existing structure or object.
Applicant means the owner of the land or his or her representative.
Approach slopes (FAR Part 77) means the ratios of horizontal to vertical distance that indicate the degree of inclination of the approach surface. The various ratios include:
120:1---for all utility and visual runways extended from the primary surface a distance of 5,000 feet.
234:1---for all non-precision instrument runways extended from the primary surface for a distance of 10,000 feet.
350:1/40:1---for all precision instrument runways extended from the primary surface for a distance of 10,000 feet at an approach slope of 50:1 and an additional 40,000 feet beyond this at a 40:1 approach slope.
Approach surface (FAA AC 150/5190-4A) means a surface that is longitudinally centered on the extended runway centerline and extends outward and upward from the end of the primary surface at the same slope as the approach zone height limitation slope set forth in this chapter. In plain view, the perimeters of the approach surface and approach zone coincide.
Aviation easement (FAA Web site www.faa.gov) means a grant of a property interest in land over which a right of unobstructed flight in the airspace is established.
Building includes a "structure," a "building" or "structure" includes any part thereof.
Building means any structure used, designed, or intended for the protection, shelter, enclosure, or support of persons, animals, or property.
Building codes (The Practice of Local Government Planning) means codes, either local or state, that control the functional and structural aspects of buildings and/or structures. Local ordinances typically require proposed buildings to comply with zoning requirements before building permits can be issued under the building codes.
Building height means the vertical distance from the top of the building roof to the top of the basement or to the foundation, whichever is less.
Commercial uses means land uses or activities that involve the production, processing, manufacturing, or sale of goods or services for financial gain, including uses that provide merchandise to the general public. Accessory uses may include offices, storage, food service, or other amenities primarily for the use of employees and parking.
Compatibility means the degree to which land uses or types of development can coexist or integrate.
Construction means the erection or alteration of any structure or object of either a permanent or temporary nature.
Density means the number of living units per acre.
Development means any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures, or accessory structures; the construction of additions or substantial improvements to buildings, structures, or accessory structures; the placement of manufactured homes (mobile homes); mining, dredging, filling, grading, paving, excavation, or drilling operations; and the deposition or extraction of materials.
Easement means authorization by a property owner for the use by another and for specified purpose of any designed part of his or her property.
Existing use means any use of land lawfully in existence at the time of the effective date of this chapter or amendment thereto becomes effective.
Federal Aviation Administration (FAA) (FAA web site www.faa.gov) means a federal agency charged to regulate air commerce in order to promote its safety and development; encourage and develop civil aviation, air traffic control, air navigation; and promote the development of a national system of airports.
Federal Aviation Regulations (FAR) (FAA FAR) means regulations established and administered by the FAA that govern civil aviation and aviation-related activities.
1FAR Part 36. (FAA FAR Sec. 36.1) Establishes noise standards for the civil aviation fleet.
2FAR Part 91. (FAA FAR Sec. 91.1) Pertains to air traffic and general operating rules, including operating noise limits.
3FAR Part 150. (FAA FAR Sec. 150.1) Pertains to airport noise compatibility planning.
4FAR Part 161. (FAA FAR Sec. 161.1) Pertains to notice and approval of airport noise and access restrictions.
5FAR Part 77. (FAA FAR Sec. 77.1) Objects Affecting Navigable Airspace---Part 77 (a) establishes standards to determine obstructions in navigable airspace; (b) defines the requirements for notice to the FAA Administrator of certain proposed construction or alteration; (c) provides for aeronautical studies of obstructions to air navigation to determine their effect on the safe and efficient use of airspace; (d) provides for public hearings on the hazardous effect of proposed construction or alteration on air navigation; and (e) provides for establishing antenna farm areas.
General aviation airport means any airport that is not an air carrier airport or a military facility.
Growth means any object of natural growth that includes trees, shrubs, or foliage. Excludes farm crops, which are cut at least once a year.
Height means height is utilized for the purpose of determining the height limits in all zones set forth in this chapter and shown on the Southern Wisconsin Regional Airport Height Zoning Map; height shall be the highest point of a structure, tree, or other object of natural growth and measured from the mean sea level elevation, unless specified otherwise.
Industrial, wholesale trade, and storage uses means a use category that includes:
1Industrial development or uses involved in the research, design, manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, manmade, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or customers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales (typically ten percent or less of the total gross floor area). Relatively few customers come to the site.
2Industrial, manufacturing, wholesale trade, and warehouse/storage uses and includes those that produce goods from raw or finished materials, distribute goods in large quantities to primarily wholesale customers, or provide for storage or warehousing of goods, either in enclosed buildings or outdoors. Few customers, especially the general public, come to the site. Accessory activities may include sales, offices, parking, and storage.
Imaginary surfaces (FAA FAR Part 77.25) means those areas established in relation to the airport and to each runway consistent with FAR Part 77, in which any object extending above these imaginary surfaces, by definition, is an obstruction.
1Approach surface---Longitudinally centered on the extended runway centerline and extends outward and upward from the end of the runway primary surface. The approach slope of a runway is a ratio of 20:1, 34:1, or 50:1, depending on the approach type. The length of the approach surface depends on the approach type and varies from 5,000 to 50,000 feet.
2Conical surface---Extends upward and outward from the periphery of the horizontal surface at a slope of 20 feet horizontally for every one foot vertically (20:1) for a horizontal distance of 4,000 feet.
3Horizontal surface---Horizontal plane located 150 feet above the established airport elevation and encompasses an area from the transitional surface to the conical surface. The perimeter is constructed by generating arcs from the center of each end of the primary surface and connecting the adjacent arcs by lines tangent to those arcs.
4Transitional surface---Extends outward and upward at right angles to the runway centerline and at a slope of seven feet horizontally for each one foot vertically (7:1) from the sides of the primary and approach surfaces. The transitional surfaces extend to the point at which they intercept the horizontal surface at a height of 150 feet above the established airport elevation.
Incompatible land use (FAA FAR Sec. 150.7) means land use that is typically unable to coexist with aircraft and airport operations.
Instrument approach procedure (FAA Pilot/Controller Glossary) means a series of predetermined maneuvers for the orderly transfer of an aircraft under instrument flight conditions from the beginning of the initial approach to a landing or to a point from which a landing may be made visually. It is prescribed and approved for a specific airport by competent authority.
Instrument landing system (ILS) (FAA Pilot/Controller Glossary) means a precision instrument approach system which normally consists of the following electronic components and visuals aids: localizer, glideslope, outer marker, middle marker, and approach lights.
Itinerant operation (FAA AC 150/5325-4B) means aircraft takeoff or landing operations that occur from one airport to another and involves a trip of at least 20 miles. Local operations are excluded.
Land use means any nonstructural use made of unimproved or improved real estate. (Also see Development.)
Land use compatibility (FAA Web site www.faa.gov) means land uses that can coexist with an airport and airport related activities.
Lighting and marking of hazards to air navigation means installation of appropriate lighting fixtures, painted markings, or other devices to objects or structures that constitute hazards to air navigation.
Lot means a parcel of land described in a recorded plat or deed.
Mitigation (FAA Web site www.faa.gov) means the avoidance, minimization, reduction, elimination, or compensation for adverse effects of a proposed action.
Navigation aids (NAVAID) (FAA Web site www.faa.gov) means any facility used by an aircraft for guiding or controlling flight in the air or the landing or take-off of an aircraft.
Navigable airspace means the airspace above minimum altitude for safe flight that includes the airspace needed to ensure safety in landing or take-off of aircraft.
Noise exposure contours (FAA Web site www.faa.gov) means lines drawn around a noise source that indicates a constant energy level of noise exposure. Day-night sound level (DNL) is the measurement used to describe community exposure to noise.
Noise impact means a condition that exists when the noise levels that occur in an area exceed a level identified as appropriate for the activities in that area.
Noise sensitive area (FAA AC 91-36D) means an area where noise interferes with normal activities associated with the use of the area.
Object (FAA AC 150/5300-13) includes, but is not limited to, above ground structures, NAVAIDSs, people, equipment, vehicles, natural growth, terrain, and parked aircraft.
Obstacle free zone (OFZ) (FAA 150/5300-13) means the three dimensional area of airspace that provides clearance protection for aircraft during landing or take-off operations and for missed approaches. The area encompasses 150 feet above the established airport elevation and along the runway and extended runway centerline. The OFZ is required to be clear of all objects, except for the frangible visual NAVAIDs, the location of which is fixed by function.
Obstruction (FAA AC 150/5190-4A) means any structure, growth, or other object, including a mobile object, which exceeds a limiting height that is specific to its geographic location relative to the runway/airport.
Off-airport property (FAA Web site www.faa.gov) means property that is beyond the boundary of land owned by the airport sponsor (Rock County).
On-airport property (FAA Web site www.faa.gov) means property that is within the boundary of land owned by the airport sponsor (Rock County).
Ordinance means any legislative action, however nominated, of a local government which has the force of law, including any amendment or repeal of any ordinance.
Overlay zone (FAA Web site www.faa.gov) means a mapped zone that imposes a set of requirements, in addition to those of the underlying zoning district.
Owner means any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land.
Permit required use means those land uses that shall be permissible following the issuance of a City of Janesville Zoning/Building Site Permit. The permit, which may include development and use related conditions, along with a signed Affidavit (Applicant's Recorded Affidavit Accepting Mitigation Responsibilities), notifies applicants of their responsibilities and required mitigation for any construction, alteration, location or use of land to minimize potential hazardous impacts to the Southern Wisconsin Regional Airport, aircraft, airport operational areas, and aircraft overflight areas, as well as residents.
Permitted use means those land uses generally considered compatible within a particular zone of the AOZD. Compatible land uses do not impact or create hazardous conditions for aircraft, airport operational areas, or aircraft overflight areas, and are considered reasonably safe for area residents.
Person includes a corporation, a partnership, and an incorporated association of persons such as a club.
Primary surface (FAA AC 150/5190-4A) means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in FAR Part 77. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
Primary runway (FAA AC 150/5325-4B General Definition) means the runway used for the majority of airport operations. Large, high-activity airports may operate two or more parallel primary runways.
Principal use means the use of primary importance or permitted use on a parcel of land, in contrast to those which are accessory or of secondary importance.
Public assembly use means a structure or outdoor facility where concentrations of people gather for purposes such as deliberation, education, shopping, business, entertainment, amusement, sporting events, or similar activities, but excluding air shows. Public assembly use does not include places where people congregate for relatively short periods of time, such as parking lots and bus stops, or uses approved by the FAA in an adopted airport master plan.
Public use airport (FAA AC 150/5190-6) means a public- or private-owned airport that is open for public use.
Residential and accommodation uses means a use category that includes the following:
1Residential---Provide living accommodations, including sleeping, eating, cooking, and sanitary facilities, to one or more persons. Tenancy typically last longer than 30 days.
2Accommodation---Characterized by visitor-serving facilities that provide temporary lodging in guest rooms or guest units, for compensation. The average length of stay of less than 30 days. Accessory uses may include pools and other recreational facilities for the exclusive use of guests, limited storage, restaurants, bars, meeting facilities, and offices.
Runway means a portion of the airport having a surface specifically developed and maintained for the landing and taking off of airplanes.
Runway protection zone (RPZ) (FAA AC 150/5300-13) means an area off the runway end designed to enhance the protection of people and property on the ground.
Runway safety area (FAA AC 150/5300-13) means a defined surface surrounding the runway that is prepared or suitable to reduce the risk of damage to airplanes in the event of an overshoot or excursion from the runway.
Shall is always mandatory.
Structure means any manmade object with form, shape, and utility that is permanently or temporarily attached to, placed upon, or set into the ground, stream bed, or lake bed. Examples include, but are not limited to, roofed and walled buildings, gas or liquid storage tanks, or television dishes.
Structural alteration means any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, or girders, or any substantial change in the roof structure or in the exterior or interior walls.
Substantial improvement means any structural repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the present equalized assessed value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. The term "substantial improvement" does not include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions, or any alteration of a structure or site documented as deserving preservation by the Wisconsin State Historical Society or listed on the National Register of Historic Places. Ordinary maintenance repairs are not considered structural repairs, modifications or additions. Such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components. (For purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.)
Tree means any object of natural growth that shall not exceed the zoning height restrictions.
Use means that which is customarily or habitually done, may include seasonal uses, and need not extend to the entire tract of land at the time of the adoption of this chapter. (See also Land use.)
Used or occupied, as applied to any land or building, includes the term "intended," "arranged," or "designed to be used or occupied."
Utility runway means a runway constructed for and intended to be used by propeller driven aircraft of 12,500 pounds gross weight or less.
Variance means authority granted to the owner to use his or her property in a manner that is prohibited by the Zoning Code. A departure from the terms of the zoning ordinance where it is shown that unique physical circumstances that are applied to a land parcel can, has, or will cause a hardship to the owner, and that the condition permitted by the departure will be in fundamental harmony with surrounding uses.
1Area variance---One which does not involve a use that is prohibited by the Zoning Code. Area variances involve matters such as setback lines, frontage requirements, lot-size restrictions, density, density regulations, and yard requirements. Height limitation variances shall not be granted under this chapter.
2Use variance---One which permits a use of land other than what is prescribed by the Zoning Code. It is primarily a grant to erect, alter, or use a structure for a permitted use in a manner other than that prescribed by this chapter. Use variances shall not be granted under this chapter.
Wetland means those areas where water is at, near, or above the land surface long enough to support aquatic or hydroponic vegetation and which have soils indicative of wet conditions.
Wildlife attractants means any manmade structure, land use practice, or manmade or natural geographic feature that can attract or sustain hazardous wildlife within the landing or departure airspace or the air operations area of an airport. Attractants include, but are not limited to, architectural features, landscaping, waste disposal sites, wastewater treatment facilities, agricultural or aquaculture activities, surface mining, or wetlands.
Wildlife hazards means feral or domesticated animals that are associated with aircraft strikes, are capable of causing structural damage to airport facilities, or act as attractants to other wildlife that pose a strike hazard.
(Code 1976, § 18.80.230) :::
::: {}
Appendix A FEE SCHEDULE
Code Section\ Description\ Amount
Chapter 1 General Provisions
1-21 Notary Public fee, non-city business $5.00
1-21 Duplicate License or Permit fee $10.00
1-21 Real Estate Search Fee $50.00
1-21 Real Estate Search Fee---Rush $75.00
Chapter 4 Adult Entertainment
4-4 Original license application $800.00
4-4 Annual renewal license $200.00
Chapter 6 Alcoholic Beverages
6-6 Class A retail license, Fermented Malt Beverages, per year $240.00
6-6 Class A retail license, Intoxicating Liquors, per year $500.00
6-6 Class B retail license, Fermented Malt Beverages, per year $100.00
6-6 Class B retail license, Intoxicating Liquors, per year $500.00
6-6 Reserve Class B license, one time fee $10,000.00
6-6 License Issuance Extension---6 months $500.00
6-6 Late Fee for renewal received by the City Clerk-Treasurer after April 15th $30.00 + 10% of all license fees
6-10 Regular operator's license, original and renewal $72.00
6-10 Provisional operator's license $15.00
6-10 Temporary operator's license $25.00
6-12 Transfer of license location $10.00
6-20 Temporary extension of premises $175.00
6-21 Permit to possess and consume alcohol in public $150.00
6-62 Temporary special event Class B license $10.00
6-102 Class C license, per year $100.00
6-103 Pharmacist's License $10.00
Chapter 8 Animals
8-2 Altered dog or cat* $15.00
8-2 Unaltered dog or cat* $25.00
\*One half of amounts if dog or cat became 5 months of age after July 1st
8-2 Late fee if paid after March 31st, per pet $10.00
8-8 Impoundment fee
First impoundment \$4.00
Second impoundment \$6.00
Third and subsequent impoundment in any one calendar year \$8.00
8-70 Residential chicken permit
Initial permit \$61.00
Renewal permit, annual \$26.00
8-70 Reinspection fee for inspection violations not corrected $150.00
8-80 Residential bee keeping permit
Initial permit \$50.00
Renewal permit, annual \$25.00
8-80 Reinspection fee for inspection violations not corrected $150.00
Chapter 10 Buildings and Construction
10-13 Residential building permit fees
New Construction, additions and alterations, per square foot \$0.21
Residential state permit seal \$45.00
Garages, 121---750 square feet \$120.00
Foundation only \$225.00
Accessory buildings, 81---120 square feet, swimming pools, hot tubs/spas and fences, chicken coop (initial permit) \$110.00
Chicken coop renewal permit \$26.00
New Construction 1-2 family erosion control monitoring \$50.00
10-13 Commercial building permit fees
New Construction, additions and alterations, per square foot \$0.18
Tents/canopies, per square foot \$0.08
Foundation only \$275.00
Fences \$70.00
New Construction/addition erosion control monitoring \$100.00
10-13 Residential plan approval
One- and two-family dwellings, per unit \$95.00
Erosion control \$110.00
10-13 Commercial and industrial building plan approval
0---2,500 square feet \$250.00
2,501---5,000 square feet \$363.00
5,001---10,000 square feet \$605.00
10,001---20,000 square feet \$847.00
20,001---30,000 square feet \$1,330.00
30,001---40,000 square feet \$1,693.00
40,001---50,000 square feet \$2,298.00
50,001---75,000 square feet \$3,145.00
75,001---100,000 square feet \$3,992.00
100,001---200,000 square feet \$6,532.00
200,001---300,000 square feet \$11,492.00
300,001---400,000 square feet \$16,936.00
400,001---500,000 square feet \$20,202.00
\>500,000 square feet \$21,775.00
Tents/canopies, per square foot \$0.08
Erosion control, under 1 acre \$102.00
Erosion control, 1---5 acres \$338.00
Erosion control, over 5 acres \$775.00
10-13 Moving buildings
Principal building \$650.00
Garage under 750 square feet \$135.00
10-13 Demolition
Residential structure, per building \$132.00
Minor interior, per project \$100.00
Commercial structure, up to 20,000 square feet \$165.00
Commercial structure, greater than 20,000 square feet \$330.00
Garage/shed, per building \$100.00
10-13 Certificate of occupancy
Dwelling unit, per unit \$54.00
Commercial/industrial \$110.00
Tents/canopies \$34.00
10-13 HVAC Permit Fees
New residential one- and two-family dwellings, per unit \$110.00
Residential replacement or added furnaces, or add on cooling units, all sizes, per unit \$110.00
Commercial new or addition heating and cooling units, all sizes, with or without an added heating or cooling unit
Group 1, as defined in section 10-12(a)\[10-13(a)\], per square foot \$0.10
Group 2, as defined in section 10-12(a)\[10-13(a)\], per square foot \$0.08
Three or more dwelling units, per unit \$82.00
Commercial replacement or added heating or cooling units, all sizes \$82.00
Commercial kitchen exhaust hood, per hood \$153.00
10-13 Commercial HVAC plan approval
0---2,500 square feet \$184.00
2,500---5,000 square feet \$242.00
5,001---10,000 square feet \$363.00
10,001---20,000 square feet \$483.00
20,001---30,000 square feet \$605.00
30,001---40,000 square feet \$968.00
40,001---50,000 square feet \$1,331.00
50,001---75,000 square feet \$1,693.00
75,001---100,000 square feet \$2,419.00
100,001---200,000 square feet \$3,146.00
200,001---300,000 square feet \$7,379.00
300,001---400,000 square feet \$10,645.00
400,001---500,000 square feet \$13,064.00
Over 500,000 square feet \$14,637.00
10-13 Residential Electrical Permit Fees
One- and two-family dwelling units, including attached garages
0---4,500 square feet, per unit \$176.00
Over 4,500 square feet, per unit \$210.00
Residential additions, alterations, or upgrades
Service entrance and generators \$55.00
Temporary service \$55.00
Outlets, switches, and lighting fixtures, each \$1.26
Heating and ventilation
Electric baseboard heaters, per section \$1.26
Oil heating systems \$17.50
Gas fired heating systems \$17.50
Exhaust and ventilation fans \$2.65
Central air conditioning, per unit \$17.50
Emergency lighting \$132.00
Feeder or subfeeder changes \$17.50
Audible or visual electric signal communication \$1.32
Fire alarm systems, per device \$2.65
10-13 Commercial Electrical Permit Fees
New commercial buildings and additions
Group 1, as defined in section \[10-13(a)\](a), per square foot \$0.12
Group 2, as defined in section 10-12(a)\[10-13(a)\], per square foot \$0.08
Alterations and upgrades
Service entrance and generators \$56.00
Temporary service \$56.00
Outlets, switches, and incandescent fixtures, each \$1.22
Light fixtures; fluorescent, metal halide, and mercury vapor, each \$2.45
Trole-duct, bus duct, and similar systems \$14.00
Electric baseboard heaters, per section \$4.45
Exhaust and ventilation fans \$7.20
Machines with electric motors less than 5 horsepower \$14.00
Machines with electric motors 5 horsepower and larger \$14.00
Motor heating and cooling units, per unit \$56.00
Transformers, reactors, rectifiers, capacitors, heaters, converters and similar devices \$14.00
Feeder/subfeeder changes \$14.00
Audible or visual electric signal communication, each \$1.22
Emergency lighting \$122.00
Three or more dwelling units, per unit \$72.00
Fire/smoke alarm/suppression systems
Plan review, per square foot, maximum \$5,000.00 \$0.01
Plan review, three or more dwelling units, per unit \$12.25
Testing fee, per device \$2.45
10-13 Residential plumbing permit fees
Per fixture, including new water heaters, storm inlets, roof drains, and hose bibs \$10.00
Sanitary sewer/water service/ storm sewer excavation \$78.00
Air admittance valve, per valve \$44.00
10-13 Commercial plumbing permit fees
Per fixture, including new water heaters, storm inlets, roof drains, and hose bibs \$10.00
Per replacement fixture, six or more \$4.90
Sanitary sewer/water service/ storm sewer excavation \$78.00
Air admittance valve, per valve \$44.00
10-13 Plumbing plan approval fees
Sanitary drain and vent system, per inch diameter of each sewer \$65.00
Sanitary building sewer only, per inch diameter of each sewer \$40.00
Building water distribution system, per in diameter of each sewer \$65.00
Building water service only, per in diameter of each sewer \$40.00
Building storm and clear water drain system, per inch diameter of each storm sewer \$21.00
Carwash interceptor \$110.00
Garage catch basin \$110.00
Grease interceptor \$110.00
Oil interceptor \$110.00
Sanitary dump station \$110.00
10-13 Plan Examination Fees for Building Water Distribution System
1---6, Gallons Per Minute \$28.00
7---12, Gallons Per Minute \$40.00
13---21, Gallons Per Minute \$56.00
22---31, Gallons Per Minute \$67.00
32---46, Gallons Per Minute \$84.00
47---77, Gallons Per Minute \$113.00
78---119, Gallons Per Minute \$140.00
120---170, Gallons Per Minute \$167.00
171---298, Gallons Per Minute \$195.00
10-13 Reinspection fee and after-hours inspection fee, per inspection, per hour, minimum 1 hour charge $150.00
10-13 After-hours inspections fee, minimum $78.00
10-13 Plumbing Plan Review - Site & Stormwater Review
Up to 5 acres \$400.00
Greater than 5 acres up to 10 acres \$600.00
Greater than 10 acres up to 15 acres \$750.00
Each acre beyond 15 acres (rounded up) \$750.00 +\
\$50.00/acre
10-13 Plumbing Plan Review - Sanitary Drain & Water Supply Laterals\ *$45.00/combined inch of pipe size
*(diameter pipe rounded to the nearest inch)
10-13 Plumbing Plan Review - Interior Plumbing $250.00 base +\
$4.00 per\
fixture
10-13 Plumbing Plan Review Fee Schedule Notes
Plan entry fee (per submittal) 100.00
Resubmittal & revisions to approved plans.\ \*\$75.00\
\*Minor changes are the base fee. Major at the discretion of the Reviewer. base fee
Early Start - structures less than 2,500 sq.ft. \$75.00
Early Start - structures greater than 2,500 sq.ft. \$150.00
Submittal of plans after construction (late fee). \$250.00
Expedited Priority Plumbing 200% of standard fee
10-13 Reinspection fee and after-hours inspection fee, per inspection, per hour, minimum 1 hour charge $100.00
10-13 After-hours inspections fee, minimum $72.00
10-207 Salvage Permit $150.00
Chapter 12 Business Licenses and Regulations
12-42 Accident Research Fee, based on staff time required to fulfil the request, minimum $150.00 Actual staff time cost
12-67 Amusement center license $215.00
12-102 Amusement device, per device, maximum of $660.00 $33.00
12-134 Youth Entertainment Centers, per year $105.00
12-166 Mobile food vending vehicle---Annual license $250.00
12-166 Mobile food vending vehicle---Seasonal license $150.00
12-166 Mobile food vending vehicle---Special Event license $75.00
12-166 Non-motorized food vending cart, annual $165.00
12-166 Site Plan Review for special or civic event $70.00
12-167 Motorized vendor truck---Annual license $250.00
12-167 Motorized vendor truck---Seasonal license $150.00
12-167 Motorized vendor truck---Special Event license $75.00
12-192 Cigarettes---Sale, manufacture or disposition of cigarettes, per year $100.00
12-220 Theaters, annually $80.00
12-220 Skating Rinks, roller and ice, annually $77.00
12-220 Each circus, menagerie, dog and pony show, carnival or other outdoor amusement of similar character:
If not more than 25 cars are used in transportation, per day \$80.00
If more than 25, but less than 50, cars are used in transportation, per day \$100.00
If more than 50 cars are used in transportation, per day \$140.00
12-220 Each concert, vaudeville, minstrel, theatrical or musical entertainment given under a covering of canvas, per day $20.00
12-220 Merry-go-rounds and all other exhibitions, entertainment performances and amusements, such as miniature golf courses, driving ranges, pony rides, and trampolines open to the public, per day $3.00
12-272 Pawnbroker, per year with $1,000.00 bond $210.00
12-272 Secondhand article dealer, annually with $1,000.00 bond $27.50
12-272 Secondhand jewelry dealer, annually with $1,000.00 bond $30.00
12-272 Secondhand article dealer mall, annually with required bond $165.00
12-272 Flea market, annually with required bond $165.00
12-311 Massage Technician, annually $87.00
12-312 Massage establishment, annually $215.00
12-353 Mobile Home Park license, per space, annually, minimum $100.00 $2.00
12-353 Preliminary plan review, mobile home park $100.00
12-353 Final plan review, mobile home park $100.00
12-389 Motor Vehicle Salvage Dealer, annually $100.00
12-430 Direct sellers and solicitors $130.00
12-462 Bowling centers, per lane, annually $25.00
12-495 New Service (Gas) Station plan review fee $100.00
12-496 Abandoned, vacant, or inoperative service station plan review fee $50.00
12-538 Taxicab company license, per vehicle, annually $40.00
12-542 Taxicab driver, annually $35.00
12-548 Vehicles operated on special occasion
Vehicles carrying 7 or less passengers, per vehicle per day with public liability insurance \$5.00
Vehicles carrying more than 7 passengers, per vehicle per day with public liability insurance \$10.00
Chapter 14 Finance and Revenue
14-119 Motor vehicle registration fee (wheel tax) $40.00
Chapter 16 Fire and Fire Prevention
16-96 Motor Vehicle Accidents $500.00
16-96 Motor vehicle fires $600.00
16-97 Lift assist response fee $250.00
16-127 Fire Reinspection Fee $100.00
16-195 Storage Tank Removal Plan Review $25.00
16-195 Storage Tank Removal Site Inspection, 1st tank $50.00
16-195 Storage Tank Removal Site Inspection, each additional tank $30.00
16-219 Fireworks display permit $1110.00
16-220 Fireworks stand permit $330.00
Chapter 18 Housing
18-69 Housing Reinspection fee $150.00
18-188 Rooming house license, annual $150.00
18-254 Reinspection Fee $150.00
Chapter 20 Mobile Homes, Mobile Home Parks and Travel Trailer Camps
20-21 Trailer and mobile home camp license, annually, per 50 spaces or fraction thereof $100.00
20-69 License transfer fee, mobile home park $10.00
20-64 Preliminary plan review, mobile home park $50.00
20-65 General development plan review, mobile home park $100.00
Chapter 22 Nuisances
22-231 Vacant building registration fee, residential building $200.00
22-231 Vacant building registration fee, commercial building $350.00
22-231 Vacant building registration 1st renewal fee, residential $250.00
22-231 Vacant building registration 1st renewal fee, commercial $400.00
22-231 Vacant building registration 2nd renewal fee, residential $300.00
22-231 Vacant building registration 2nd renewal fee, commercial $450.00
22-231 Vacant building registration 3rd renewal fee, residential $350.00
22-231 Vacant building registration 3rd and subsequent renewal fee, commercial $500.00
22-231 Vacant building registration 4th renewal fee, residential $400.00
22-231 Vacant building registration 5th renewal fee, residential $450.00
22-231 Vacant building registration 6th and subsequent renewal fee, residential $500.00
Chapter 24 Offenses
24-388 False Alarm Responses
First response in a calendar year \$40.00
Second response in a calendar year \$60.00
Third response in a calendar year \$90.00
Fourth and each subsequent response in a calendar year \$115.00
Every response during probationary period \$215.00
24-389 Fire Response Fees
First response in a calendar year \$50.00
Second response in a calendar year \$100.00
Third response in a calendar year \$150.00
Fourth and each subsequent response in a calendar year \$250.00
Chapter 26 Parks and Public Property
26-13 Permit to possess FMB and Wine in certain parks $50.00
Chapter 28 Signs
28-80 Sign Permit fee, per square foot, minimum fee of $65.00 $0.81
28-107 Sign erector license $90.00
28-180 Attention-getting device permit fee $70.00
28-188 Temporary mobile sign permit $65.00
28-188 Promotional mobile sign permit $65.00
28-194 Sandwich board sign, annual $65.00
Chapter 30 Solid Waste
30-40 Per ton of weight deposited $43.00
30-40 Minimum Fees, regardless of actual weight deposited
Passenger cars, station wagons, sports utility vehicles, mini-vans, vans, mid-size pickup trucks, full-size pickup trucks \$12.00
All other vehicles and trailers under 1,000 lbs, including those that have been modified to exceed manufacturer-established capacity \$20.00
30-40 Demolition Landfill fees
Debris originating in the City, per cubic yard \$6.00
Debris originating outside the City, per cubic yard \$8.00
30-40 Disposal of tires
Tires smaller than 24\" \$7.00 each or \$400.00/ton for quantities of five or more
Tires 24\" and larger \$400.00/ton
30-40 Appliances
Microwave ovens \$15.00
Appliances containing refrigerants \$15.00
Major appliances with no refrigerants No Charge
30-42 Commercial Waste Hauling Permit
First vehicle, annually \$110.00
Each additional vehicle, annually \$60.00
NA Additional fees assessed for Alternative Daily Cover (foundry sand, ash, contaminated soils, and other approved waste streams). Not included in the City's Code of Ordinances $10.50/ton
Chapter 34 Street and Sidewalks
34-88 Curb opening permit $110.00
34-126 Excavation permit, fixed fee $60.00
34-126 Excavation permit, per linear foot or per square foot of excavation, whichever is greater $0.60
Chapter 36 Subdivisions
36-123 Filing fee, preliminary certified survey $200.00
36-123 Filing fee, final certified survey map $200.00
36-123 Filing fee, preliminary plat The greater of $500.00 or $15.00 per lot
36-123 Filing fee, final plat The greater of $250.00 or $10.00 per acre
36-123 Application for release of a utility easement $250.00
36-123 Application for vacation of street, alley, or other right-of-way $500.00
36-123 Application for land sale and transfer of land between adjoining owners $200.00
36-124 Special assessment split fee, minimum $300.00
36-316 Storm sewer assessments, per acre $4,058.00
36-316 Storm sewer assessments northeast drainage basin, per acre $5,356.00
Chapter 38 Traffic and Vehicles
38-420 Reinspection fee, abandoned, unlicensed or non-operable vehicles $150.00
38-664 MyJTS Smart Card when purchased from Ticket Vending\ $3.00
Machine
38-664 Cash fare, per ride $1.50
38-664 Discounted fare per ride, persons with disabilities, seniors and Medicare cardholders $0.75
38-664 Ten ride prepaid package $12.00
38-664 Ten ride prepaid package, discounted for disable and seniors $7.50
38-664 One-day Pass for unlimited rides in basic service area $4.00
38-664 One-day Pass for unlimited rides in basic service area, persons with disabilities, seniors and Medicare cardholders $2.00
38-664 Unlimited rides in basic service area for dates shown on pass $52.00
38-664 Beloit-Janesville Express route to Beloit, per ride $3.50
38-664 Beloit-Janesville Express route to Beloit, 10 ride package $30.00
38-664 Beloit-Janesville Express route to Beloit, per ride, discounted for persons with disabilities, seniors and Medicare cardholders $1.75
38-664 Beloit-Janesville Express route to Beloit, 10 ride package, discounted for persons with disabilities, seniors and Medicare cardholders $17.50
38-664 Beloit-Janesville Express route to Blackhawk Technical College, per ride $2.25
38-664 Beloit-Janesville Express route to Blackhawk Technical College, 10 ride package $20.00
38-664 Beloit-Janesville Express route to Blackhawk Technical College, per ride, discounted for persons with disabilities, seniors and Medicare cardholders $1.25
38-664 Beloit-Janesville Express route to Blackhawk Technical College, 10 ride package, discounted for persons with disabilities, seniors and Medicare cardholders $15.00
38-664 Paratransit Service, per ride $3.00
38-664 Bulk token purchases of 100 by non-profit agencies for distribution to clients $75.00
38-664 Bulk token purchases by the School District of Janesville for distribution or sale to students $75.00
38-664 Semester Pass for consignment by the School District of Janesville for sale to students $120.00
38-664 Summer Pass for consignment by the School District of Janesville for sale to students $75.00
38-664 Shipping/handling fee for mailing a MyJTS smart card $1.00
38-664 Replacement fee for Paratransit Identification Card; Disabled Identification Card; Senior Identification Card; Half Fare Identification Card; Bike on Bus Program Identification Card; Semester Pass; Summer Pass; and MyJTS smart card. $3.00
38-664 Convenience fee when paying using credit/debit cards through the MyJTS portal. 2.5% of transaction total
38-664 30-day fare cap for Janesville fare zone rides $52.00
38-664 Additional transit fees for transfers outside in-city route
38-664 Agency fare per paratransit ride charged to human service organizations purchasing paratransit services on behalf of their paratransit-eligible clients Calendar\
Year
2020 $15.45
2021 $17.92
2022 $18.96
2023 $19.01
2024 $19.58
2025 $20.17
38-664 Janesville fare Zone to Blackhawk Tech fare Zone $0.75
38-664 Janesville fare Zone to Blackhawk Tech fare Zone, discounted for persons with disabilities, seniors and Medicare cardholders $0.35
38-664 Janesville fare Zone to Beloit fare Zone $2.00
38-664 Janesville fare Zone to Beloit fare Zone, discounted for persons with disabilities, seniors and Medicare cardholders $1.00
Chapter 40 Water and Sewers
40-534 Sewer Service Charges
Fixed Charges
Meter Type Size (inches)
WasteWater ⅝ \$46.10
WasteWater ¾ \$50.20
WasteWater 1 \$58.20
WasteWater 1½ \$78.50
WasteWater 2 \$102.70
WasteWater 3 \$159.30
WasteWater 4 \$240.20
WasteWater 6 \$442.30
WasteWater 8 \$684.90
WasteWater 10 \$1,008.30
WasteWater 12 \$1,555.50
Parshall Flume 3 \$377.70
Parshall Flume 6 \$749.60
Parshall Flume 9 \$1,655.20
Parshall Flume 12 \$1,655.20
Flow Charges\
For all flow (per 100 cubic foot increment) \$2.38
40-535 Industrial and commercial surcharge
Biochemical oxygen demand, per pound \$0.29
Suspended solids, per pound \$0.27
Phosphorus \$7.65
40-536 Application fees for bulk haulers
Initial application fee \$75.00
Renewal application fee, annually \$50.00
Septage fee, per 1,000 gallons or portion thereof \$50.00
Phosphorous surcharge, per pound \$2.29
Holding tank waste, per 1,000 gallons or portion thereof \$9.50
Chapter 42 Zoning
42-277 Conditional use permit, planned unit development
Conditional use 0---10,000 square feet \$750.00
Conditional use 10,001---25,000 square feet \$1,000.00
Conditional use more than 25,000 square feet \$1,500.00
42-277 Conditional use amendments $500.00
42-277 Application for rezoning
R1, R2, Conservancy or agriculture \$400.00
Multifamily, Office, Commercial, or Industrial \$600.00
For Multifamily, office, commercial or industrial sites ten acres or large receive a per acre surcharge up to \$1,000 maximum. \$50.00
42-277 Zoning ordinance amendment $600.00
42-277 Comprehensive plan amendment $1,500.00
42-277 Application for change of nonconforming use $250.00
42-270 Filing of appeal to Zoning Board of Appeals
Appeal of administrative decision \$500.00
Variation of ordinance standard \$300.00
42-277 Site Plan Review
Addition \$400.00
New building \$400.00
42-277 Airport overlay district zoning/building permit $50.00
42-277 Request for zoning verification letter $50.00
42-277 Reinspection fee, each reinspection $150.00
42-278 Plan Re-review $250.00
(Ord. No. 2019-770, 11-25-2019, eff. 1-1-2020; Ord. No. 2019-776, §§ I---XI, 11-25-2019, eff. 1-20-2020; Ord. No. 2019-777, § I, 11-25-2019, eff. 1-1-2020; Ord. No. 2020-808, § I, 11-23-2020; Ord. No. 2020-809, § I, 11-23-2020, eff. 1-1-2021; Ord. No. 2020-811, §§ I---III, 11-23-2020, eff. 1-1-2021; Ord. No. 2021-829, § I, 9-27-2021, eff. 1-1-2022; Ord. No. 2021-831, §§ I, II, 11-22-2021, eff. 1-1-2022; Ord. No. 2022-855, § I, 11-28-2022, eff. 1-1-2023; Ord. No. 2023-864, § II, 3-13-2023, eff. 3-14-2023; 2023-0879, 9-25-2023; ; Ord. No. 2023-873, § I, 11-13-2023; Ord. No. 2023-886, § I, 11-27-2023, eff. 1-1-2024; Ord. No. 2024-899, § I, 9-9-2024; Ord. No. 2024-905, §§ I, II, 11-25-2024; Ord. No. 2024-907, § I, 11-25-2024) :::
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Editor's note(s)---Current City boundary, ward and precinct provisions are on file in the City Clerk's Office.
↩︎State law reference(s)---Codification of ordinances, Wis. Stats. § 66.0103.
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↩︎State law reference(s)---Municipalities, generally, Wis. Stats. ch. 66; City Manager plan for city government, Wis. Stats. § 64.01 et seq.
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↩︎State law reference(s)---Common Council, generally, Wis. Stats. § 62.11; powers of Common Council, Wis. Stats. § 64.07.
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↩︎State law reference(s)---City authorized to establish a board of review, Wis. Stats. § 70.46.
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↩︎State law reference(s)---City authorized to establish municipal library board, Wis. Stats. § 43.52.
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↩︎State law reference(s)---Board of Public Works, generally, Wis. Stats. § 62.14 et seq.
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↩︎State law reference(s)---City fire departments, Wis. Stats. § 62.13; rest days for firemen, Wis. Stats. § 213.13.
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↩︎State law reference(s)---For statutory provisions concerning police departments in cities, Wis. Stats. § 62.13; statutory provisions concerning pensions, Wis. Stats. §§ 62.13(9), 66.90.
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↩︎State law reference(s)---Cities authorized to establish board of police and fire commissioners, Wis. Stats. §§ 62.13, 64.10.
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↩︎State law reference(s)---For statutory provisions authorizing any City authorized to establish City Plan Commission, Wis. Stats. § 62.23.
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↩︎State law reference(s)---Emergency management powers and duties of municipalities, Wis. Stats. § 323.01 et seq.
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↩︎Ord. No. 2020-782, § II(15.03.010---15.03.110), adopted February 10, 2020, amended Art. III in its entirety to read as herein set out. Former Art. III, §§ 10-87---10-97, pertained to similar provisions, and derived from Code 1976 §§ 15.03.010---15.03.110.
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↩︎Ord. No. 2019-774, § I, adopted December 9, 2019, repealed the former Art. II, §§ 18-19---18-32, and enacted a new Art. II as set out herein. The former Art. II pertained to similar subject matter and derived from Code 1976, §§ 16.04.010---16.04.140.
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↩︎State law reference(s)---Municipal authority to establish and change street grades, Wis. Stats. § 62.16; municipal authority to establish, maintain, and require repair of sidewalks, Wis. Stats. § 66.0907.
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↩︎State law reference(s)---Removal of highway encroachments, Wis. Stats. § 86.04; trees on and adjacent to highways, Wis. Stats. § 86.03.
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↩︎State law reference(s)---Authority of city to establish the street grades, Wis. Stats. § 62.16.
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↩︎State law reference(s)---Camping on highways prohibited, Wis. Stats. § 86.025; play vehicles prohibited from use on roadways, Wis. Stats. § 346.78; riding bicycles on sidewalks, Wis. Stats. § 346.804; miscellaneous prohibited or restricted acts on highways, Wis. Stats. § 346.94.
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↩︎State law reference(s)---City authority to regulate heavy traffic, Wis. Stats. § 349.17; local authority to modify weight limitations on highways under certain conditions, Wis. Stats. § 349.15 et seq.; use of certain tire equipment on the highway prohibited, Wis. Stats. § 347.45.
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↩︎State law reference(s)---Safety devices at railroad crossings, generally, Wis. Stats. § 195.26.
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↩︎State law reference(s)---Vehicles and traffic, generally, Wis. Stats. chs. 340---350; powers of local authorities, Wis. Stats. ch. 349; authority of local authorities to adopt traffic regulations in conformity with state law, Wis. Stats. § 349.06 et seq.
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↩︎State law reference(s)---For statutory provisions authorizing local authorities to declare any highway under its jurisdiction a through highway, see Wis. Stats. § 349.07.
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↩︎State law reference(s)---For statutory provisions authorizing local authorities to designate highways under their jurisdiction as one-way, Wis. Stats. § 349.10.
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↩︎State law reference(s)---For statutory provisions authorizing a local authority to modify speed restrictions under certain conditions on highways under their control, see Wis. Stats. § 349.11.
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↩︎State law reference(s)---See Wis. Stats. §§ 349.10(1)(c) and 349.10(1). The department, county highway committees and local authorities in regard to highways under their respective jurisdictions, may: (c) By order, ordinance or resolution and by the erection of appropriate signs, prohibit right or left turns at intersections by all vehicles or by certain types of vehicles.
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↩︎State law reference(s)---For statutory provisions concerning the rights and duties of drivers and pedestrians at crosswalks, see Wis. Stats. § 346.23 et seq.
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↩︎State law reference(s)---For statutory provisions concerning restrictions on stopping, standing and parking, see Wis. Stats. § 346.50; for provisions concerning unlicensed vehicles, see Wis. Stats. § 341.04. For provisions concerning drinking in an automobile, see Wis. Stats. § 947.045; for provisions concerning noise and motor vehicles, see Wis. Stats. § 347.38 et seq.
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↩︎State law reference(s)---For statutory provisions concerning restrictions on stopping and parking, see Wis. Stats. § 346.50 et seq.; for provisions authorizing local authorities to regulate the stopping, standing or parking of vehicles, see Wis. Stats. § 349.13.
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↩︎State law reference(s)---For statutory provisions concerning vehicle abandonment, see Wis. Stats. § 342.40; for provisions authorizing any municipality to enact ordinances governing the removal of abandoned vehicles, see Wis. Stats. § 342.40(3).
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↩︎State law reference(s)---For statutory provisions authorizing a City to designate by ordinance a pedestrian mall, see Wis. Stats. § 66.298.
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↩︎State law reference(s)---For statutory provisions authorizing cities to regulate the operation of bicycles, see Wis. Stats. § 349.18.
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↩︎State law reference(s)---For statutory provisions concerning snowmobile regulations, see Wis. Stats. ch. 350.
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↩︎State law reference(s)---Authority of city to construct and maintain sewer system, Wis. Stats. § 62.18; municipal public utilities, generally, Wis. Stats. § 66.0801 et seq.; authority of city to prescribe rules concerning the installation, alteration and inspection of plumbing, Wis. Stats. § 145.04; regulation of public utilities, generally, Wis. Stats. § 196.01 et seq.