The proposed use shall not adversely affect the character or quality of the district or neighborhood and shall not be detrimental to the health, safety, comfort or general welfare of the residents and workers in the general neighborhood.

The proposed use shall not impede the normal and orderly development and improvement of the area with uses permitted in the district. The proposed use shall not cause substantial detriment to the public good or substantially impair the intent and purpose of this chapter or the Comprehensive Plan.

The proposed use shall promote economical and efficient land use, an improved level of amenities, creative design and a better environment.

The proposed use shall not substantially impair or diminish the development, use, value, character or enjoyment of other property in the neighborhood for uses already permitted.

The proposed use shall not be adversely affected by existing uses in the area.

The proposed use is reasonable in terms of logical, efficient and economical provision of public services and facilities provided by the City, school district and other units of government.

The proposed use is appropriate to the immediate neighborhood.

The proposed use is of an appropriate size, located and laid out with respect to access streets so that vehicular, bicycle and pedestrian traffic to and from the use shall not create undue congestion or hazards which would be detrimental to the character of the general neighborhood.

The proposed use shall be subject to conditions imposed by the Plan Commission with respect to the minimizing of traffic congestion by providing appropriate entrances and exits so as to assure the public safety and by providing landscaping located to screen the premises from any residential use or district.

The proposed use shall not create or add to hazards to persons or property, on site or off site, including danger of flooding, erosion, subsidence or slipping of the soil, or other dangers, annoyances or inconveniences. The use or development shall not create environmental damage which will affect any other property. Conditions of soil, groundwater level, drainage and topography shall be appropriate to both the kind and pattern of use intended.

The proposed use shall be subject to such conditions and safeguards as may be imposed by the Plan Commission to preserve and protect the intent and purpose of this chapter and the Comprehensive Plan.

The proposed use shall produce an attractive environment of sustained aesthetic and ecological desirability, economic stability and functional practicality compatible with the general policy guidelines of the Comprehensive Plan.

Where feasible and appropriate, the proposed use shall contribute towards serving regional and community needs for employment, services, open space, moderate-cost housing, lake access and/or recreational facilities.

Noise. No use shall regularly emit noise beyond the premises of the source in excess of 65 decibels between 7:00 a.m. and 9:00 p.m. and 55 decibels between 9:00 p.m. and 7:00 a.m. in any octave band of frequency above 300 cycles per second as measured by a standard sound level meter. Noise shall be so muffled or otherwise controlled as not to become objectionable due to intermittence, duration, beat, frequency, impulse character, periodic character or shrillness. Sirens, whistles, bells, etc., which are maintained and utilized solely to serve the public purpose, are excluded from this regulation.

Vibration. No use shall cause vibration which is discernible to human feeling beyond the premises of the source.

Glare and heat. No use shall emit glare or heat which is visible or measurable beyond the premises of the source.

Electrical disturbance. No use shall emit any electrical disturbance which adversely affects the use of any other premises.

Fire and explosion hazards. All uses involving the manufacturing, utilization, processing or storage of flammable or explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion, as determined by the Fire Chief.

Outside storage. All materials, equipment and receptacles and containers for refuse and recyclables shall be stored within a building or be fully screened so as not to be visible from adjoining properties, except for clotheslines and construction and landscaping materials and equipment currently being used or intended for use within a period of 12 months on the premises. No exterior storage shall be permitted which has a depreciating effect on nearby property values, impairs scenic views, constitutes a threat to living amenities or which is a hazard to public health, safety or morals.

Screening of HVAC and mechanicals. All building and site heating, ventilating and air-conditioning (HVAC) and other mechanical equipment shall be screened from view with materials and landscaping complementary and harmonious to the building and site.

Any occupation may be conducted and permitted in a residence if it complies with this section and all other applicable codes.

A home occupation shall not be conducted or permitted in a manner which detracts from the residential character of the neighborhood or which tends to create a business atmosphere in the neighborhood. A home occupation shall not be conducted or permitted in a manner which causes the premises to differ substantially from nearby residential uses by the use of colors, materials, construction, lighting or signs; by the emission of sound, noise or vibration; or in any other way, which would be noticeable to a casual observer. A home occupation shall not be conducted or permitted unless it is clearly incidental and secondary to the principal use of the dwelling purposes. The exterior appearance of a residential structure shall not be altered to conduct a home occupation. A home occupation shall not generate traffic, parking, commercial traffic, parking of commercial vehicles, sound, noise, vibration, glare, fumes, odors, electrical interference or nuisances beyond what is customarily and ordinarily found in a residential area or which detracts from the residential character of the neighborhood. An accessory building may be used for a home occupation, but no area outside a building shall be used for storage or other purpose in the conduct of a home occupation.

Garage sales, yard sales and similar merchandise sales may be held no more than two times per year at any residence and for a total of not more than six days in that year. The Zoning Administrator may authorize additional sales and/or sale days if warranted by unusual circumstances. All goods offered for sale shall be household goods or personal possessions from the residence where the sale is being held or, in the case of a group sale(s), from the residences of the participating households. In no case shall any sales become outlets for wholesale or retain commercial sales.

Any garage sales, yard sales and similar merchandise sales by nonprofit, philanthropic or civic organizations must be approved by the Zoning Administrator and may be held no more than two times per year for not more than a total of six days in that year. The Zoning Administrator may authorize additional sales and/or sale days if warranted by unusual circumstances. In no case shall any sales become outlets for wholesale or retail commercial sales.

Garage sale signs may not have an area more than three square feet with a maximum of two faces. Garage sale signs shall identify the location of the sale and must be located at least five feet from the street line.

No garage sale sign may be located on utility poles, traffic control devices, or on property or the adjoining right-of-way of property, the owner of which has not given explicit permission for its location.

No garage sale sign shall be displayed before one day before the sale or one day following the sale.

No more than one garage sale sign may be located at the sale site, and no more than two garage sale signs may be located off the site.

Requirements of this section shall not apply to an earth station dish two feet in diameter or less.

Earth station dish antennas over two feet in diameter are prohibited in residential areas.

Earth station dish antennas over two feet in diameter may be permitted in commercial, industrial and public/institutional zoning districts upon approval of a conditional use permit by the Plan Commission.

All earth dish antennas and the construction and installation thereof shall conform to applicable City Building Code and Electrical Code regulations and requirements. A fee shall be paid as set by the Common Council in the City's Fee Schedule prior to issuance of a building permit.

Any earth station dish antenna existing on the date of adoption of this section which does not conform to these regulations shall be treated in accordance with Article VII of this chapter.

Definitions. The following definitions apply to this section:

Policy. It is intended that conditional use permits shall be issued under this section to accommodate the expansion of wireless communications technology while minimizing the number of antenna arrays, tower sites and/or related facilities through the requirement that permitted antenna arrays, towers and/or related facilities be sited or constructed so that they may be utilized for the co-location of antenna arrays and related equipment to the extent technologically and economically feasible.

Application.

Standards. No conditional use permit for the siting or construction of an antenna array, communications tower or related facility shall be issued unless the applicant presents to the Plan Commission credible evidence to a reasonable degree of certainty the following:

Conditions and guarantees. Prior to the granting of a conditional use permit for the siting or construction of an antenna array, communications tower or related facility, the Plan Commission may stipulate such conditions and restrictions upon the establishment, location, constructing, maintenance and operation of the antenna array, communications tower or related facility as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in Subsection D above. Such conditions may include, but are not limited to, minimizing adverse visual effects through careful design, siting, co-location of carriers and screening, harmonizing aesthetic aspects with the surrounding area, and maintaining the appearance and structural integrity of the antenna array, communications tower or related facility. The Commission shall require such evidence that the conditions stipulated in connection therewith are being and will be complied with.[1]

Special requirements. The use of certain City-owned property, such as water tower sites and parks, for wireless telecommunications antennas or towers brings with it special concerns due to the unique nature of these sites. The placement of wireless telecommunications antennas on these special City-owned sites will be allowed only when the following additional requirements are met.

Reasonableness of costs. The cost of eliminating impediments to co-location shall be deemed reasonable if it does not exceed by 25% of the cost of constructing or placement of a new tower or site on which to mount applicant's equipment.

Outside consultation. In the event the Plan Commission determines that it is necessary to consult a third party in considering the factors listed in Subsection D above, all reasonable costs and expenses associated with such consultation shall be borne by the applicant. Failure to pay such costs and expenses or provide information requested by the Plan Commission shall be grounds for denial or revocation of a conditional use permit. The applicant may provide to the Plan Commission the names of consultants which the applicant believes are qualified to assist in resolving the issues before the Plan Commission.

Co-location encouraged. It is the intent of this chapter to encourage the co-location of antenna arrays and related equipment whenever possible. Accordingly, in applying the standards and criteria set forth in Subsection D to applicants for conditional use permits for the placement or construction of an antenna array, a communications tower or a related facility, the Plan Commission shall, unless it is shown to be unreasonable, condition the grant of the permit upon the applicant siting or constructing the antenna array and/or communications tower and/or related facility so as to reasonably accommodate co-location of two additional antenna arrays or related equipment similar in size and function to that placed on the tower or site by the applicant. Co-location sites need not be available on the tower or site as initially placed or constructed, provided that the tower or site will support at the specified height the later addition of the required number of co-location sites. The holder of a permit under this section shall make the co-location sites required hereunder available for the placement of technologically compatible antenna arrays and related equipment upon contractual provisions which are standard in the industry and at prevailing market rates allowing the permit holder to recoup the cost of providing the co-location sites and a fair return on investment.[2]

Modification of antenna array or tower. Unless otherwise provided herein, a conditional use permit is required for any modification of an antenna array, communications tower or related facility which significantly alters the appearance or structural integrity of the tower or site or which involves the installation of antenna or related equipment differing in size and function from that previously installed on the tower or site. The Plan Commission shall apply the standards under Subsection D when considering an application for a conditional use permit to allow the modification of an existing antenna array, communications tower or related facility. In addition, the Plan Commission shall consider the reasonableness, based on the economic and technological feasibility, of conditioning the grant of the conditional use permit upon modifying the antenna array, tower or related facility in a manner which would accommodate the co-location of one or more additional antenna arrays or related equipment.

Continued compliance with conditions of permit required. Upon written inquiry by the Plan Commission, the recipient of a conditional use permit under this section shall have the burden of presenting credible evidence establishing to a reasonable certainty the continued compliance with all conditions placed upon the conditional use permit. Failure to establish compliance with all conditions placed upon the conditional use permit shall be grounds for revocation of the permit. In the event the Plan Commission determines that it is necessary to consult with a third party to ascertain compliance with conditions on a conditional use permit, all reasonable costs and expenses associated with such consultation shall be borne by the holder of the subject conditional use permit. Failure to pay such costs and expenses or provide information requested by the Plan Commission shall be grounds for revocation of the conditional use permit. The holder of the subject conditional use permit may provide to the Plan Commission names of consultants which the permit holder believes are qualified to assist in resolving the issues before the Plan Commission. In any event, where a dispute arises under this chapter involving an applicant for a conditional use permit and the holder of a conditional use permit hereunder, the Plan Commission may allocate consulting costs and expenses between the applicant and the permit holder.

Notice of co-location. A conditional use permit shall not be required for co-location on an existing tower or site permitted under this section, provided the co-location antenna array or related equipment is similar in size and function to that installed by the holder of the conditional use permit for the tower or site; does not significantly alter the appearance or structural integrity of the tower or site approved and permitted under this section; and is fully in compliance with all conditions contained in the original conditional use permit. The holder of the conditional use permit for any tower or site on which co-location occurs shall, within 30 days of such co-location, provide the Plan Commission with written notification of the identity of the co-locator and the nature of the equipment installed. Within 30 days of the date on which any co-located use ceases, the permit holder shall provide the Plan Commission with written notice of the cessation of such use.

Storage buildings. The holder of a conditional use permit for a communications tower or site and any user co-locating under this chapter shall each be permitted, upon approval of the Plan Commission, to construct a building of no more than 14 feet in height and 314 square feet in floor area for use directly incidental and necessary to the use of the tower or site. Two or more users of the tower or site may build a single building with a floor area of no more than 314 square feet per user sharing the building. Buildings constructed or used by tower or site co-locators shall be subject to conditions established for the conditional use permit for the tower or site.

Removal. Conditional use permits issued hereunder shall identify the primary type or types of transmission equipment which are to be placed on the subject communications tower or site. Any communications tower on which the transmission equipment so identified is no longer placed or used for a continuous period of 12 months shall, upon notification by the Plan Commission, be removed by the holder of the conditional use permit issued under this section. If the tower is not removed within 60 days of such notification, the City may remove the tower at the expense of the holder of the conditional use permit.

Future plans. The Plan Commission may require that an applicant for a conditional use permit under this section provide information regarding the applicant's then current plans for future placement or construction of communications towers and/or sites in the City of Monona in addition to the tower or site which is the subject of the application.

Definitions. The following definitions shall apply to this section:

Prohibited uses. Electronic smoking retailers are prohibited uses in the following zoning districts:

Limited permitted uses. Electronic smoking retailers are permitted within the following zoning districts provided they comply with the geographical restrictions and conditions stated below in this section:

Geographical restrictions. No electronic smoking retailer shall be located on any lot in which any portion of said lot is located within any of the following:

Conditions. No electronic smoking retailer shall be permitted unless all of the following conditions are satisfied: