This is a performance zoning code, which differs from traditional specification zoning. The previous Monona Zoning Ordinance was a specification ordinance, with rigid lists of permitted, conditional and prohibited uses for each district. For all districts there were regulations to specify the exact minimum lot and yard dimensions, building heights and setbacks, and open space requirements. Complicated procedures were required to obtain permission for minor variances from the regulations, yet the regulations were unsuccessful in preventing development which was unattractive, environmentally unsound and incompatible with the needs of the community.

Performance zoning substitutes sensible judgment and efficient administration for rigid regulations. The intent of this performance zoning code is to regulate development according to flexible standards, with individual review of each development proposal. Proposed developments are to be judged on the basis of their compatibility with the land, the environment, surrounding uses, the goals of the Comprehensive Plan, general use and site performance standards and specific district performance standards.

Monona is a landlocked community. Since Monona is almost fully developed, it is crucial that the development of its remaining vacant land be carefully regulated to meet the community's needs for services, a diversity of housing, economic growth, jobs convenient to employees' homes, and an improved environmental and aesthetic quality. Monona faces the conditions of scarce land and an impending shift from the rapid development of raw land to a slower process of redevelopment of existing uses. Under these circumstances, maintenance of the quality of life in Monona requires individual project review according to performance standards instead of specification standards, which were more appropriate when Monona was less developed and more rapidly growing.

In many cases, the specification zoning previously used in Monona obstructed creative and desirable development because the zoning regulations were too rigid and arbitrary and because any deviation from these regulations required cumbersome administrative and governmental procedures. This performance zoning code is designed to be more flexible and to use more efficient administrative and governmental procedures. In order to avoid delays in processing development applications, this chapter establishes strict time limits for the review process. In order to ensure administrative fairness, this chapter requires that decisions of the reviewing agency be put in writing and be based only on how the evidence presented to it for review meets the standards set by this chapter.

To promote the public health, safety, convenience and general welfare of the community with due consideration of the needs of the region affected by the City's land use policies.

To lessen congestion in the streets and to provide for convenient access to property.

To secure safety from fire, panic, environmental hazards and other dangers.

To provide adequate light, air, privacy and open space.

To prevent the overcrowding of land.

To avoid undue concentration of population.

To facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public services.

To conserve the value of buildings and the quality of neighborhood and environmental amenities.

To encourage the most appropriate use of land throughout the City and the region.

To regulate and restrict the erection, construction, reconstruction, alteration, location and use of buildings, structures or land for residence, trade, industry or other purposes in accordance with the Comprehensive Plan.

To regulate and restrict the dimensions of buildings and structures, yards and other open spaces, and the intensity of development in accordance with the Comprehensive Plan.

To designate zoning districts with reasonable consideration of the character of each district and its peculiar suitability for particular uses.

To establish zoning districts of such number, shape and area as may be deemed best suited to carry out these purposes while implementing the goals of the Comprehensive Plan.

This chapter shall be the minimum requirements for the promotion of the public health, safety and general welfare of the City.

This chapter is not intended to repeal, impair or interfere with any existing provisions of law or ordinance or with any rules, regulations or permits which have been or will be adopted or issued according to law or with any private restriction placed on property by covenant, easement or other private agreement. But if this chapter imposes a greater restriction than is imposed by another law, ordinance, rule, regulation, covenant, easement or private agreement, this chapter shall govern.

General. If not otherwise defined in this chapter and other provisions of the City's Code of ordinances, words used herein have their ordinary and accepted meanings. Words used in the present tense include the future; the singular includes the plural and the plural includes the singular. "Shall" is mandatory, not directory. The masculine includes the feminine, and the feminine the masculine.

Specific definitions. The following definitions shall be applicable in this chapter:

The regulations of the zoning district. The zoning districts are shown on the Zoning District Map, which may be examined at City Hall. This chapter specifies the regulations for each district (§§ 480-24 through 480-38). The regulations list permitted, conditional and/or prohibited uses for each zoning district. Uses listed as permitted are allowed in a district, subject to review by the City for conformance to applicable performance standards. Uses listed as conditional are allowed only after review to make sure that the general performance standards and any special performance standards are met. Uses listed as prohibited are not allowed in the district.

The goals, objectives and policies of the Monona Comprehensive Plan, which is adopted by reference and is on file in the office of the Zoning Administrator.[1]

The general performance standards, consisting of use performance standards and site performance standards listed in §§ 480-6 through 480-23 of this chapter.

The appropriate district performance standards, which are included as part of the regulations of each zoning district (§§ 480-24 through 480-38).

The requirement of obtaining a zoning or occupancy permit under §§ 480-52 through 480-55.

The Zoning Administrator is authorized to grant a permit for a temporary change in the use of a building or land for a period not to exceed 30 days without Plan Commission review of the change of use. No substantial building or land alterations are authorized by this section.