Monona City Zoning Code
ARTICLE IV
Site Performance Standards
§ 480-16 Applicability.
The following site performance standards in this article shall apply to any construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure or building.
§ 480-17 General site performance standards.
A.
To the extent reasonably possible, the existing natural character of the site shall be preserved.
B.
Safe and efficient vehicular and pedestrian circulation, parking and loading shall be assured.
C.
Traffic flow to and from the site shall not cause undue congestion of the public street or streets; the number, size and location of off-street parking spaces shall be in conformity with this chapter. The Access Management Guidelines[1] adopted as part of this chapter shall be used as standards in determining the number, size, location and design of driveway openings on a site.
[1]
Editor's Note: The Access Management Guidelines are included as an attachment this chapter.
D.
The site shall be screened, landscaped and structures located in accordance with the following standards:
(1)
The landscape of the site shall be improved in character with neighboring properties. All areas not covered by structures, driveways, walks or other permitted coverage shall be planted and maintained in lawn, ground cover, trees, shrubs or other appropriate plant materials, and all parking, utility, loading, service and recreation areas shall be reasonably screened. The City of Monona Site Design Standards for Parking, Landscaping and Lighting, adopted as part of this chapter, shall be used as standards in determining the required type, size and quantity of landscape plantings required on site.[2]
[2]
Editor's Note: The City of Monona Site Design Standards for Parking, Landscaping and Lighting are included as an attachment to this chapter.
(2)
The arrangements of buildings on the site shall create a harmonious appearance with respect to each other and with existing buildings in the immediate neighborhood. Due consideration shall be given to topographic conditions, the spatial relationship between buildings both on and off the site and the effect that the plans, if developed, would have on surrounding properties.
(3)
The design of buildings and structures and the kind of building materials shall provide a harmonious relationship of color and/or texture between the buildings and structures. All accessory buildings shall bear a close relationship to the principal structure or structures in their design and building materials.
E.
Exterior lighting needed for safety reasons shall be provided in addition to any requirements for streetlighting. The Site Design Standards for Parking, Landscaping and Lighting, adopted as part of this chapter, shall be used as standards in determining exterior lighting requirements for a building and site.[3]
[3]
Editor's Note: The City of Monona Site Design Standards for Parking, Landscaping and Lighting are included as an attachment to this chapter.
F.
The layout or arrangement of a subdivision or land development shall be consistent with the requirements of this chapter.
G.
All lots shall abut upon a public street. All principal buildings and structures shall be located on a lot. Except for planned community developments and Commercial/Industrial, Community Design and Retail Business Districts, only one principal building or structure shall be located, erected or moved onto a lot.
H.
Streets in a subdivision or land development shall be of sufficient width and suitable grade and shall be suitably located to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.
I.
Adequate water supply, drainage, shade trees, sewage facilities and other utilities necessary for essential services to residents and occupants shall be provided.
J.
Land subject to flooding shall be regulated to avoid danger to life or property.
K.
Soils shall be protected from erosion by wind or water or from excavating or grading.
L.
The final development plan shall be substantially complied with.
M.
Off-site water, sewer, drainage and street improvements which are necessitated by development shall be provided.
§ 480-18 Parking standards.
A.
Off-street parking requirement. In all districts, for all uses except one-family and two-family dwellings, all construction shall be provided with sufficient off-street parking to accommodate all vehicles which are expected to use the premises in the normal course of events. If a building permit is required for the enlargement, extension or remodeling for substantial change in use of an existing principal building or structure, sufficient off-street parking shall be provided according to the standards that would apply if the entire building or structure were being newly constructed.
B.
Number of required parking spaces.
(1)
Determination. The number of required parking spaces shall be determined by the Plan Commission. The Plan Commission shall base its determination on the City of Monona Site Design Standards for Parking, Landscaping and Lighting, adopted as part of this chapter.[1]
[1]
Editor's Note: The City of Monona Site Design Standards for Parking, Landscaping and Lighting are included as an attachment to this chapter.
(2)
Collective provision. Parking for separate uses may be provided collectively.
(3)
Parking standards. Parking lot standards shall be based on the City of Monona Site Design Standards for Parking, Landscaping and Lighting, adopted as part of this chapter, subject to approval of the Plan Commission. These shall include surfacing, size, arrangement and access of parking spaces, drainage and landscaping. Such standards shall apply to all open off-street parking areas designed for more than three vehicles, with the exception of parking areas which are on the premises of a one-family or two-family dwelling, and are intended for use by the occupants of the dwelling. If a building permit is required for the enlargement, extension or remodeling of an existing principal building, off-street parking shall be provided in conformance with such standards. If an existing parking lot is extended or expanded, it shall be made to conform to such standards.
C.
Off-street loading spaces. Any building occupied by commercial, industrial, cemetery, warehouse, wholesale, storage, retail, restaurant or other uses similarly requiring the receipt or distribution in vehicles of material or merchandise shall provide and maintain off-street loading spaces on the premises as required by the Zoning Administrator according to standards established by him or her and approved by the Plan Commission.
§ 480-19 Architectural compatibility.
A.
Purpose. Development of the City to provide for aesthetic quality, architectural and natural beauty and harmony will enhance the well-being and contentment of its residents and encourage economic stability through the preservation and enhancement of property values. Therefore, standards are needed to ensure that architectural design is harmonious and compatible with nearby development and with nature. This section is not intended to impose regimented conformity to any specific architectural style or taste but is intended solely to prevent development which would have a substantially adverse effect on the existing or potential beauty and character of a neighborhood, would reduce its desirability or would depreciate its property values.
B.
Standards. The following standards are adopted to establish criteria for the purposes described in Subsection A above:
(1)
No building shall be permitted if its design or exterior appearance is of such unorthodox or abnormal character in relation to the surroundings as to be unsightly or offensive to generally accepted taste.
(2)
No building shall be permitted if its design or exterior appearance is so identical with those adjoining as to create excessive monotony and drabness.
(3)
No building shall be permitted if any exposed facade is not constructed or faced with a finished material which is aesthetically compatible with the other facades and presents an attractive appearance to the public and to surrounding properties.
(4)
No building shall be permitted to be so situated on a lot as to unnecessarily destroy or substantially damage the natural beauty of the area, particularly if it would adversely affect property values in the area or if it would adversely affect the beauty and general enjoyment of existing buildings on adjoining properties.
§ 480-20 Historic preservation.
[Amended 1-19-2016 by Ord. No. 1-16-673; 10-16-2017 by Ord. No. 9-17-689; 6-4-2018 by Ord. No. 5-18-699]
A.
Purpose and intent. The protection, enhancement, perpetuation and use of improvements of special character or special historical interest or value are in the public interest. The purpose of historic conservation is to:
(1)
Protect, enhance and perpetuate improvements and districts which represent or reflect elements of the City's cultural, social, economic, political and architectural history;
(2)
Safeguard the City's historic and cultural heritage, as embodied and reflected in such landmarks and historic districts;
(3)
Stabilize and improve property values;
(4)
Foster civic pride in the beauty and noble accomplishments of the past;
(5)
Protect and enhance the City's attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry;
(6)
Strengthen the economy of the City; and
(7)
Promote the use of historic districts and landmarks for the education, pleasure and welfare of the people of the City.
B. CERTIFICATE OF APPROPRIATENESS CONTRIBUTING RESOURCES HISTORIC DISTRICT LANDMARK SITE LANDMARK STRUCTURE NONCONTRIBUTING RESOURCES
Definitions. As used in this section, the following terms shall have the meanings indicated:
The certificate issued which approves alteration, rehabilitation, construction, reconstruction or razing of an historic structure or site or any improvement in an historic district.
Contributing resources are the buildings, objects, sites and structures that played a role or, more simply, existed at the time the event associated with the proposed historic landmark occurred. The resources' status as contributing shall be identified on the official landmark designation.
Any area designated pursuant to the provisions of this chapter that contains two or more historic improvements or sites as well as those abutting improvement parcels which the Commission determines should fall under the provisions of this section to assure that their appearance and development is harmonious with such landmarks or landmark sites.
Any parcel of land of historic significance due to a substantial value in tracing the history of aboriginal people or upon which an historic event has occurred, and which has been designated as a landmark site under this chapter, or a parcel or part thereof on which is situated a landmark.
Any improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the City, state or nation, and which has been designated as a landmark pursuant to the provisions of this chapter.
Noncontributing resources are the buildings, objects, sites, and structures that did not exist at the time the event(s) associated with the proposed historic landmark occurred or have lost integrity from that historic period.
C.
Historic structure, site, and district designation criteria. For the purposes of this chapter, an historic structure, site, or district designation may be placed on any site, natural or improved, including any building, improvement or structure located thereon, or any area of particular historic, architectural, or cultural significance to the city, which:
(1)
Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community; or
(2)
Is associated with the lives of important persons or with important events in national, state or local history; or
(3)
Embodies the distinguishing characteristics of an architectural type inherently valuable for a study of a period, style, method of construction or of indigenous materials or craftsmanship; or
(4)
Is representative of the notable work of a master builder, designer or architect; or
(5)
Exhibits important archaeological or anthropological significance.
D.
Nomination. Any person, or the Landmarks Commission, may nominate a building or structure, site, or historic district for designation as a landmark. The person or Commission shall submit the nomination to the City Planning Division, to the attention of the City Planner, on a nomination form approved by the Landmarks Commission. The nomination shall clearly identify the proposed landmark structure, landmark site, or historic district and document why it qualifies under Subsection C. The City Planner may ask the person or Commission to submit additional information and documentation as needed to complete or clarify the nomination. When the City Planner determines that the nomination is complete, the City Planner shall refer the nomination to the Landmarks Commission. Any property nominated for landmark status located within a redevelopment area or tax increment financing district shall also be referred to the Community Development Authority for review and recommendation prior to Common Council action.
E.
Landmarks Commission review and public hearing of nomination. Whenever the Landmarks Commission receives a complete, accurate nomination under Subsection D, the Commission shall review the nomination. As part of its review, the Commission shall hold a public hearing, preceded by a Class 1 notice and notice to the owner of record of the proposed landmark, and to the owner of record of each lot located within 200 feet of the lot on which the proposed landmark is located. If any person or persons other than the owner of record files the nomination, the owner of record shall be notified of the nomination via certified mail no later than 10 days prior to the public hearing.
F.
Designation. After the Landmarks Commission holds a public hearing and completes its review under Subsection E, the Commission shall file a report recommending approval, disapproval, or approval subject to conditions. Final approval of the designation shall be granted by the Common Council. Once designated, such historic structures, sites, and districts shall be subject to all provisions of this chapter.
G.
Notification and recording of designation. The City Clerk shall promptly notify the Building Inspector of each landmark designation, as well as the owner of record of the site. The City Clerk shall record the designation with the Dane County Register of Deeds at the City's expense.
H.
Voluntary supplemental restrictions. The Common Council may at any time supplement the terms of a landmark designation, pursuant to an agreement between the landmark owner and the Landmarks Commission, to enhance the preservation and protection of the landmark.
I.
Recognition of landmarks. Whenever the Common Council designates a landmark under Subsection F, the Landmarks Commission may affix a plaque identifying the property as a landmark to the landmark or landmark site with the permission of the owner or, in the absence of permission, in the public right-of-way as approved by the Public Works Director. The plaque shall be placed so that it is easily visible to passing pedestrians. In the case of a landmark structure, the plaque or sign shall include the accepted name of the landmark, the date of its construction, and other information that the Landmarks Commission considers appropriate. In the case of a landmark that is not a structure, the plaque or sign shall include the common name of the landmark and other information that the Commission considers appropriate. If the Commission determines that, because the landmark is ecologically or culturally sensitive, a plaque or sign would be inappropriate, no plaque or sign is required. No person may remove or modify a plaque without approval of the City Planner.
K.
Regulation of construction, reconstruction or alterations. If an application for a zoning or building permit for exterior work involves a landmark structure, landmark site, or a contributing resource within an historic district, the permit shall first be referred to the Landmarks Commission for consideration of a certificate of appropriateness. No permit may be issued until the Commission has issued a certificate of appropriateness under Subsection N. In cases where a building permit is not required, ordinary maintenance and repairs may be undertaken without a certificate of appropriateness provided that the work involves repairs to existing features of an historic structure or site or the replacement of elements of a structure with pieces and materials identical in appearance and provided that the work does not change the exterior appearance of the structure or site. This consideration shall be based on the considerations below, and the United States Secretary of the Interior's Standards for Rehabilitation, 36 CFR 67.[1]
(1)
Whether the proposed work would detrimentally change, destroy or adversely affect any architectural feature of the landmark; and
(2)
In the case of a new construction, whether the exterior of such construction would be in harmony with the external appearance of other landmarks on the site; and
(3)
Whether the proposal would significantly alter or destroy the historic characteristics of the landmark or the landmark site.
[1]
Editor's Note: See 36 CFR 67.1 et seq.
L.
Regulation of demolition. No permit to demolish all or part of an historic structure or contributing resource in an historic district shall be granted by the Building Inspector except as follows:
(1)
No person in charge of an historic structure shall be granted a permit to demolish such property under any circumstances without first receiving the written approval of the Commission.
(2)
At the time a person applies for a permit to demolish such property, an application shall be forwarded to the Commission. The Commission may refuse to grant written approval of a period of up to six months from the time of the application, during which time the Commission and the applicant shall undertake serious and continuing discussions for the purpose of finding a method to save the property. The six-month period may be extended by mutual agreement of the applicant and the Commission. If the time period is not extended, the Commission's denial of the certificate of appropriateness shall become final unless a formal application for funds from any governmental unit or nonprofit to preserve the property is pending. The Commission's denial of a certificate of appropriateness may be appealed to the Common Council within 60 days of a final denial under Subsection N. If a mutually agreeable method of saving the property or an application for funds is apparent after the six-month period, but is then unsuccessful within a period of 60 days following the end of the required time period, the Commission's denial of the certificate of appropriateness stands and the applicant may appeal to the Council under Subsection N.
(3)
In determining whether to issue a certificate of appropriateness for any demolition, the Commission shall consider the following:
(a)
Whether the building or structure is of such an architectural or historic significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the City of Monona and the state.
(b)
Whether the demolition of the subject property would be contrary to the purpose and intent of this chapter.
(c)
Whether the building or structure is of such old and unusual or uncommon design, texture and/or material that it could not be reproduced or reproduced only with great difficulty and/or expense.
(d)
Whether the retention of the building or structure would promote the general welfare of the people of the City of Monona and the state by encouraging study of American history, architecture, and design or by developing an understanding of American culture and heritage.
(e)
Whether the building or structure is in such deteriorated condition that it is not structurally or economically feasible to preserve or restore it, provided that any hardship claimed by the owner is not self-created, or is a result of failure to maintain the property in good repair.
M.
Certificate of appropriateness. If the Commission determines that the application for a certificate of appropriateness and the proposed changes are consistent with the character and features of the property or district, and considering the matters referred to in Subsection K, it shall issue the certificate of appropriateness. The Commission shall make this decision within 45 days of filing of the application. The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the City. If the Commission fails to issue a certificate of appropriateness, the Commission shall, at the request of the applicant, cooperate and work with the applicant in an attempt to obtain a certificate of appropriateness within the guidelines of this chapter.
N.
Appeals. Should the Commission fail to issue a certificate of appropriateness due to the failure of the proposal to conform to the guidelines, the applicant may appeal such decision to the Common Council in accordance with Chapter 68 of the Wisconsin Statutes by filing a written notice with the City Clerk within 30 days after expiration of the applicable period set forth in Subsections L and M above.
O.
Sale of historic structures and historic sites. Any person who is listed as the owner of record of an historic structure at the time of its designation, who can demonstrate to the Commission that by virtue of such designation, he or she is unable to find a buyer willing to pay fair market value and to preserve such structure or site, even though he or she has made reasonable attempts in good faith to find and attract such a buyer, may petition the Commission for a rescission of its designation. In the event of such rescission, the Commission shall notify the Building Inspector as well as the owner of record of the site, and shall cause the rescission to be recorded with the Dane County Register of Deeds at the City's expense.
P.
Conditions dangerous to life, health, or property. Nothing contained in this chapter shall prohibit the construction, reconstruction, alteration or demolition of any historic structure pursuant to the order of any appropriate City or state governmental official, or any court order having jurisdiction, for the purpose of remedying conditions determined to be dangerous to life, health, or property. In such cases, no approval from the Commission shall be required.
Q.
Duty to maintain in good repair. Every person in charge of an historic structure or historic site shall keep in good repair all of the exterior portions of such improvement and all interior portions thereof, which, if not so maintained, may cause or tend to cause the exterior portions of such improvement to fall into a state of disrepair. This provision shall be in addition to all other provisions of law requiring such improvement to be kept in good repair.
R.
Variances.
(1)
General. A property owner who applies for a certificate of appropriateness may request a variance. The Landmarks Commission may grant a variance from the standards in Subsection K for any of the following reasons:
(2)
Variance request. A property owner shall make a variance request to the Landmarks Commission. The request shall include:
(a)
The name and address of the property owner.
(b)
The location of the property to which the request pertains.
(c)
The certificate of appropriateness application to which the variance request pertains.
(e)
The specific variance requested.
(f)
The circumstances and supporting evidence that justify the requested variance.
(g)
Any other materials requested by the City Planner or Landmarks Commission.
(3)
Hearing, decision, and appeal.
(a)
The Landmarks Commission shall hold a public hearing on each variance request. The Commission shall give notice of the hearing as provided in Subsection E. The Commission may combine the hearing with a hearing on the proposed certificate of appropriateness to which the variance request pertains, provided that the hearing notice identifies both items.
(b)
After it holds a public hearing on a variance request, the Commission shall grant or deny the request.
(4)
Economic hardship variance. The Landmarks Commission may grant a variance if all of the following apply:
(a)
Strict literal application of the standards in Subsection K would deny the property owner a reasonable rate of return on investment or would impose upon the property owner an unreasonable and unnecessary financial hardship.
(b)
The circumstances justifying the variance are unique to the property in question, and:
[1]
Are not caused by the owner's failure to maintain the property as required by this chapter; and
[2]
Do not apply to a substantial portion of the historic district or historic resources within 200 feet of the subject property; and
[3]
Will not alter the historic character of the historic district or historic resources within 200 feet of the subject property.
(c)
The property owner documents the circumstances justifying the variance. Required documentation may include as determined by City staff or the Landmarks Commission:
[1]
Property purchase costs;
[2]
Rental income;
[3]
Real estate listings, disclosure statements, asking prices, and purchase offers;
[4]
Tax assessments and real estate listings for comparable properties;
[5]
Improvements made and improvement costs incurred during ownership;
[6]
Routine maintenance costs incurred during ownership;
[7]
Costs to comply with the standard from which a variance is requested;
[8]
Other documentation as reasonable requested by the Landmarks Commission.
(5)
Historic design variance. The Landmarks Commission may grant a variance allowing, as part of the alteration of an existing structure, elements otherwise prohibited under Subsection K if all of the following apply:
(6)
Alternative design variance. The Landmarks Commission may grant a variance allowing, in a new or altered structure, elements that are otherwise prohibited under Subsection K if all of the following apply:
(a)
The elements will enhance the quality of the design.
(c)
The design does not allow material deviations from historic district standards and guidelines in the Secretary of Interior Standards for Rehabilitation that would undermine the character or purpose of the historic district.
(d)
The design will have a beneficial effect on the historic character of the area within 200 feet of the subject property.
(7)
Public interest variance. The Landmarks Commission may grant a variance allowing the construction of a new structure, or the alteration, demolition, or removal of an existing structure, which would otherwise be prohibited under Subsection K, if the Commission finds that a variance is necessary in the public interest. A variance is necessary in the public interest if the Commission finds all of the following:
(a)
The proposed building, object, site or structure provides unique, high-priority benefits to the general public.
(b)
The benefits to the general public substantially outweigh the strong public interest in preserving historic resources expressed in this chapter.
(c)
There are no reasonable alternatives to granting a variance that would allow the proposed project to occur in the city and satisfy the standards of this chapter.
S.
Penalties for failure to obtain a certificate of appropriateness.
(1)
General penalty. Any person who, without obtaining a certificate of appropriateness, performs acts requiring a certificate of appropriateness or who violates the terms of the certificate of appropriateness shall be subject to the forfeiture set forth in the forfeiture schedule.
(2)
Permits. The Building Inspector shall not issue a permit allowing alteration, construction, demolition, removal, or for any other action for which a certificate of appropriateness is required unless the certificate has been approved by the Commission and issued by the City Planner.
(3)
Prohibition. No owner, operation, or person in charge of a landmark structure, landmark site, or contributing resource within an historic district shall cause or permit any painting of signs, alteration, construction, demolition, or removal for which a certificate of appropriateness is required unless a certificate has been approved by the Commission.
(4)
Penalty for work done without certificate of appropriateness. In addition to any other penalty provided in this chapter, the Landmarks Commission may order the removal or modification of any alteration, construction or other work that was performed without a required certificate, or that was not performance in compliance with the conditions of an issued certificate, when such work does not meet the applicable standards for a certificate under Subsection K. Alternatively, the Commission may order renovation to make such work comply with those standards.
§ 480-21 Environmentally sensitive lands.
A.
The development shall not detrimentally affect or destroy natural features such as ponds, streams, lakes, shorelines, wetlands, steep slopes and forested areas but preserve and incorporate such features into the development site design.
B.
The location of natural features and the site's topography shall be considered in the design and siting of all physical improvements.
C.
The development shall not substantially reduce retention storage capacity of the watershed within which it is contained. Special effort shall be made to minimize the alterations which would adversely affect the surface and subsurface hydrology both on and off the site. Development which affects the hydrologic character of the basin shall be approved by the City Engineer.
D.
Site soil and subsurface conditions shall be determined by the Zoning Administrator as suitable for the proposed land use prior to approval.
E.
The development shall be free from offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, fumes, water pollution and other objectionable influences.
§ 480-22 Land disturbance.
A.
General design principles. Control measures shall apply to all aspects of the proposed land disturbance and shall be in operation during all stages of the disturbance activity. The following principles, in addition to the regulations and requirements provided in Chapter 216, Erosion and Stormwater Control, shall apply to soil erosion and sediment control:
[Amended 10-16-2017 by Ord. No. 9-17-689]
(1)
Stripping of vegetation, grading or other soil disturbance shall be done in a manner that will minimize soil erosion.
(2)
No site shall be cleared of topsoil, trees and other natural features before the commencement of building operations. Whenever feasible, natural vegetation shall be retained and protected. Only those areas approved for the placement of physical improvements may be cleared. The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
(3)
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbance.
(4)
Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or disturbance. Such provisions shall be in addition to all existing requirements.
(5)
Water runoff shall be minimized and retained on site whenever possible to facilitate groundwater recharge.
(6)
Sediment shall be retained on site.
(7)
Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or disturbance.
B.
Maintenance. All necessary soil erosion and sediment control measures installed under this chapter shall be adequately maintained until such measures are permanently stabilized, as determined by the City Engineer. The City Engineer shall give the applicant upon request a certificate indicating the date on which the measures called for in the approved plans were completed.
§ 480-23 Floodplains.
Chapter 466, Floodplain and Shoreland-Wetland Zoning, of the Code of the City of Monona designates floodplains and lists floodplain regulations. In the areas designated by Chapter 466, Floodplain and Shoreland-Wetland Zoning, any new use or change in use of any building, structure, land or water, any land disturbance, any development and any construction, reconstruction, conversion, alteration, relocation or extension of any building or structure shall be subject to Chapter 466, Floodplain and Shoreland-Wetland Zoning.