Monona City Zoning Code
ARTICLE V
Zoning Districts
§ 480-24 Single Family Residence District.
A.
Characteristics of district. The Single-Family Residence District is characterized by low-density development of one-family dwellings and accessory buildings. A one-family dwelling is a building not attached to another dwelling or structure and occupied or intended to be occupied for residence purposes by one family, but not including trailers, tents or rooms in hotels, nursing homes or boardinghouses.
B.
Administration.
(1)
The performance standards for this district shall be interpreted and enforced by the Zoning Administrator, who shall determine whether the proposed construction, remodeling or alteration to which this section applies meets all performance standards. The Zoning Administrator's determination shall be based on whether or not the proposed development meets the intent and spirit of the performance standards. It is intended that the Zoning Administrator may grant minor variations from the dimensional guidelines, as long as the spirit and intent of the performance standards are preserved.
(2)
Any person aggrieved may appeal a decision of the Zoning Administrator to the Plan Commission.
(3)
However, conditional use applications shall go directly to the Board of Zoning Appeals, whose decision may be appealed by persons aggrieved to the Common Council.
(4)
In addition to the general performance standards, uses in this district shall meet the standards in this article.
C.
District performance standards.
(1)
Compatibility. All uses shall be compatible with the character of a one-family residential zone.
(2)
Permitted uses.
(a)
One-family detached houses.
(b)
Owner-occupied dwelling units may be occupied by a family and not more than two unrelated persons. Dwelling units which are not owner-occupied may be occupied by a family and one unrelated person, who are living and cooking together as a single housekeeping unit and evidencing a stable family relationship. A dwelling may be occupied by any number of members of a church, congregation or religious society recognized under Ch. 187, Wis. Stats., so long as the church society or congregation continues to occupy the building which it occupied on the effective date of this chapter.
(d)
Public utility uses which are designed to blend with a residential area and which cannot feasibly be located in a nonresidential district.
(e)
Accessory uses which are customarily incidental and subordinate to a permitted principal use.
(f)
Signs of the following types:
[1]
Real estate signs with an area not more than six square feet per face, with a maximum of two faces, which advertise the sale or rental of only the premises on which they are placed and are located at least five feet from the street line. No real estate sign or part thereof shall be taller than five feet above the ground. No real estate sign with a sold label shall remain upon the premises longer than one week.
[2]
Directional and identification signs for public or nonprofit institutions shall not exceed eight square feet. All directional and identification signs for public or nonprofit institutions existing upon the effective date of this chapter shall be deemed in conformance with this section.
[3]
Signs or nameplates for home occupations are prohibited, except that signs no larger than three square feet may be placed on buildings which face Monona Drive.
D.
District dimensional guidelines.
(1)
Minimum lot area: 10,000 square feet (unless lot was platted prior to adoption of this chapter).
(2)
Minimum lot frontage: 70 feet in width along a public street or 50 feet if abutting a public street with a curvature exceeding 33.3°.
(3)
Minimum lot width at building line: 60 feet.
(4)
Minimum setbacks.
(a)
Street yard: 30 feet (but if 40% or more of the frontage on one side of a street between two intersecting streets has been developed with a setback other than 30 feet, the street yard setback so established shall prevail).
(b)
Side yard: seven feet.
(c)
Rear yard: 40 feet.
(d)
Shore yard: 50 feet from the meander line. (May be increased to average shore yard setback of two adjacent houses on both sides, up to seventy-five-foot maximum requirement.)
(5)
Maximum height: 35 feet.
(6)
Maximum lot coverage: 40%.
(7)
Accessory buildings and structures.
(a)
Maximum height: 14 feet.
(b)
Distance. Must be no less than six feet from principal building.
(c)
Minimum setbacks.
[1]
Street yard. Same as principal building.
[2]
Side yard: three feet. Overhangs shall not project more than 1/3 into setback area.
[3]
Rear yard: three feet. Overhangs shall not project more than 1/3 into setback area.
[4]
Shore yard: None, but the only accessory buildings permitted in shore yards are boathouses, boat shelters, boat landings and piers. In-ground swimming pools at least 25 feet back from the OHWM and clear of the regulated floodplain are permitted. Additional elements such as slides, diving boards more than two feet off the pool deck, and pool houses are prohibited. Additionally, any fencing that substantially blocks neighbor's views may be subject to Plan Commission review.
[Amended 1-3-2024 by Ord. No. 12-23-771]
(d)
Lot coverage. Maximum total lot coverage of all accessory buildings on lot: 1,000 square feet. In-ground swimming pools are exempt from lot coverage requirements.
[Amended 1-3-2024 by Ord. No. 12-23-771]
(8)
Permitted encroachments into required yard setbacks.
[Added 10-16-2017 by Ord. No. 9-17-689]
(9)
Maximum impervious surface.
[Added 10-16-2017 by Ord. No. 9-17-689]
(a)
Lots over 10,000 square feet: 65%. A special exception permit may be granted by the Plan Commission up to seventy-percent impervious surface if the applicant demonstrates there is no substantial negative impact caused by the additional impervious surface to the adjoining water bodies or adjacent parcels as a result of stormwater runoff.
(b)
Lots less than 10,000 square feet: 70%. A special exception permit may be granted by the Plan Commission up to seventy-five-percent impervious surface if the applicant demonstrates there is no substantial negative impact caused by the additional impervious surface to the adjoining water bodies or adjacent parcels as a result of stormwater runoff.
(10)
Grading requirements. The difference between the natural grade of the property and the finished grade of the property shall not cumulatively exceed two feet at any point on the lot, as shown on a submitted grading plan certified by a professional landscape architect, engineer or surveyor. A special exception permit may be granted by the Plan Commission for a grade change of up to eight feet, if the applicant demonstrates there is no substantial negative impact to adjoining water bodies or adjacent parcels. These regulations shall not prohibit compliance with floodplain development regulations. Any request above eight feet shall be reviewed as a variance request by the Zoning Board of Appeals.[1]
(11)
Yard designations.
§ 480-25 Two-Family Residence District.
A.
Characteristics of district. The Two-Family Residence District is characterized by more dense development than the Single-Family Residence District, including two-family residences and accessory buildings. A two-family residence is a building not attached to another dwelling or structure and occupied or intended to be occupied for residence purposes by two families, but not including one-family dwellings, trailers, tents or rooms in hotels, nursing homes or boardinghouses.
B.
Administration.
(1)
The performance standards for this district shall be interpreted and enforced by the Zoning Administrator, who shall determine whether the proposed construction, remodeling or alteration meets all performance standards. The Zoning Administrator's determination shall be based on whether or not the proposed development meets the intent and spirit of the performance standards. It is intended that the Zoning Administrator may grant minor variations from the dimensional guidelines, as long as the spirit and intent of the performance standards are preserved.
(2)
Any person aggrieved may appeal a decision of the Zoning Administrator to the Board of Zoning Appeals.
(3)
However, conditional use applications shall go directly to the Plan Commission, whose decision may be appealed by persons aggrieved to the Common Council.
(4)
In addition to the general performance standards, uses in this district shall meet the standards of this article.
C.
District performance standards.
(1)
Compatibility. All uses shall be compatible with the character of a two-family residential zone.
(2)
Permitted uses.
(a)
One-family detached houses.
(b)
Owner-occupied dwelling units may be occupied by a family and not more than two unrelated persons. Dwelling units which are not owner-occupied may be occupied by a family and one unrelated person, who are living and cooking together as a single housekeeping unit and evidencing a stable family relationship. A dwelling may be occupied by any number of members of a church, congregation or religious society recognized under Ch. 187, Wis. Stats., so long as the church society or congregation continues to occupy the building which it occupied on the effective date of this chapter.
(c)
Two-family detached houses.
(e)
Public utility uses which are designed to blend with a residential area and which cannot feasibly be located in a nonresidential district.
(f)
Accessory uses, which are customarily incidental and subordinate to a permitted principal use.
(g)
Signs of the following types:
[1]
Real estate signs with an area not more than six square feet per face, with a maximum of two faces, which advertise the sale or rental of only the premises on which they are placed and are located at least five feet from the street line. No real estate sign or part thereof shall be taller than five feet above the ground. No real estate sign with a "sold" label shall remain upon the premises longer than one week.
[2]
Directional and identification signs for public or nonprofit institutions shall not exceed eight square feet. All directional and identification signs for public or nonprofit institutions existing upon the effective date of this chapter shall be deemed in conformance with this section.
[3]
Signs and nameplates for home occupations are prohibited.
D.
District dimensional guidelines.
(1)
Minimum lot area: 10,000 square feet (unless lot was platted prior to this chapter).
(2)
Minimum lot frontage: 70 feet in width along a public street or 50 feet if abutting a public street with a curvature exceeding 33.3°.
(3)
Minimum lot width at building line: 60 feet.
(4)
Minimum setbacks.
(a)
Street yard: 25 feet (but if 40% or more of the frontage on one side of a street between two intersecting streets has been developed with a setback other than 25 feet, the street yard setback so established shall prevail).
(b)
Side yard: 10 feet.
(c)
Rear yard: 40 feet.
(d)
Shore yard: 50 feet from the meander line.
(5)
Maximum height: 35 feet.
(6)
Maximum lot coverage: 40%.
(7)
Accessory buildings and structures.
(a)
Maximum height: 14 feet.
(b)
Distance: must be no less than six feet from principal building.
(c)
Minimum setbacks.
[1]
Street yard: same as principal building.
[2]
Side yard: same as principal building.
[3]
Rear yard: 10 feet.
[4]
Shore yard: none, but the only accessory buildings permitted in shore yards are boathouses, boat shelters, boat landings and piers. In-ground swimming pools at least 25 feet back from the OHWM and clear of the regulated floodplain are permitted. Additional elements such as slides, diving boards more than two feet off the pool deck, and pool houses are prohibited. Additionally, any fencing that substantially blocks neighbors views may be subject to Plan Commission review.
[Amended 1-3-2024 by Ord. No. 12-23-771]
(d)
Lot coverage. Maximum total lot coverage of all accessory buildings on lot: 1,000 square feet. In-ground swimming pools are exempt from lot coverage requirements.
[Amended 1-3-2024 by Ord. No. 12-23-771]
(8)
Yard designations.
§ 480-26 Multifamily Residence District.
A.
Characteristics of district. The Multifamily Residence District is characterized by high-density dwelling units having proximity to commercial developments or major streets.
B.
District performance standards.
(1)
Standards. In addition to the general performance standards, proposed uses in this district shall meet the following additional standards:
(a)
Multifamily residential uses shall be designed, sited and located to serve effectively as a smooth transition between commercial uses and low-density residential uses.
(b)
Multifamily residential uses shall be designed to be compatible with nearby low-density residential uses.
(c)
To the extent feasible, a reasonable proportion of new multifamily residential construction shall be made available at moderate cost to low-income, elderly and large households.
(d)
No multifamily residential units shall be occupied to exceed a density greater than two adults per bedroom.
(3)
Signs. Signs of the following types:
(a)
Real estate signs with an area not more than six square feet per face, with a maximum of two faces, which advertise the sale or rental of only the premises on which they are placed, and which are located at least five feet from the street line.
(b)
Directional and identification signs for public or nonprofit institutions, not to exceed eight square feet. All directional and identification signs for public or nonprofit institutions existing upon the effective date of this chapter shall be deemed in conformance with this section.
(c)
Signs or nameplates for home occupations are prohibited.
§ 480-27 Neighborhood Small Business District.
A.
Characteristics of district. The goal of this district is to provide convenient and accessible sites for small business establishments without harming the historic, architectural and aesthetic quality of the area.
B.
District performance standards. This district is intended to serve the daily or frequent shopping needs of residents in adjacent areas by permitting limited commercial establishments within walking distance of a large number of residences. It is intended that one-family residences, two-family residences and small-scale neighborhood retail and service businesses are to be permitted in this district. This district is restricted to uses with a limited number of employees, limited traffic generation and minimal parking needs, in order to avoid disrupting the surrounding low-density residential neighborhood. It is intended that existing businesses located in historic buildings may be continued, provided that the exterior walls of the building are preserved substantially undisturbed and in substantially the same appearance as they were on the effective date of this chapter. Use and development in this district shall blend with the historic, architectural and aesthetic character of the area. Uses in this district shall not emit smoke, fumes, gases, dust, odors, vibration, noise or glare in amounts which are discernible beyond the boundaries of the site. Dimensions of any development shall be compatible with nearby residential development.
§ 480-28 Retail Business District.
A.
Characteristics of district. The Retail Business District is characterized by retail trade, service, office, financial, professional, ancillary residential and entertainment activities serving the community.
B.
District performance standards. In addition to the general performance standards, proposed uses in this district shall meet the following additional standards:
(1)
The proposed use shall be related to the general development pattern and the objectives of the Comprehensive Plan to provide a balanced local economy; to provide needed goods and services not otherwise available in the immediate area; and to protect and enhance the character of the surrounding neighborhood.
(2)
Because of the limited supply of vacant land, the proposed use shall not unnecessarily duplicate retail or service uses already existing in the immediate vicinity.
(3)
Whenever feasible, building shall be physically oriented away from residential development and the layout of parking and service areas, access, landscaping, yards, walls, signs, lighting and control of loud and/or discordant noise, glare and other potentially adverse effects shall be such as to protect nearby residential development. Yards, fences, walls, landscaping or other screening or buffering shall be provided where needed to protect nearby residents from undesirable views, lighting, noise or other adverse influences. In particular, extensive off-street parking areas, service areas, loading areas and areas for storage and collection of garbage shall be adequately screened.
(4)
Whenever possible, development shall occur according to a large-scale plan rather than on a piecemeal basis. For example, whenever practical, development shall be planned in a coordinated fashion for an entire block rather than occurring on a lot-by-lot basis. This could be accomplished by single ownership or control of an entire block, by agreement among the owners of lots in a block, or by the adoption of a policy resolution for the area by the Plan Commission. However it is organized or enforced, the large-scale plan shall provide the benefits of coordinated site planning in the following manner:
(a)
To provide for features such as shared parking lots, to minimize the number of driveway entrances and exits through use of the Access Management Guidelines,[1] to provide for safe and efficient traffic flow, to minimize the paved area and to facilitate on-site absorption and retention of stormwater.
[1]
Editor's Note: The Access Management Guidelines are included as an attachment this chapter.
(b)
To provide more landscaping.
(c)
To encourage more attractive building design and layout.
(d)
To permit the construction of appropriately sized indoor and outdoor pedestrian plaza areas and attractively landscaped open spaces.
(e)
To prevent the proliferation of unattractive alleys and yards which are too small or inappropriately located to be aesthetically pleasing.
§ 480-29 Commercial/Industrial District.
A.
Characteristics of district. The Commercial/Industrial District is characterized by retail, service, commercial, office, recreational, warehouse and light industrial uses which are highway-oriented. Typical light industrial uses include manufacturing, fabrication, packing, packaging, assembly, repair, terminals, depots and storage. It is contemplated that multifamily residential development shall be permitted in this district only as part of a rezoning to Planned Community Development District.
B.
Adult entertainment district. Adult-oriented establishments are allowed in this section, subject to the following conditions:
(2)
All exterior windows in any premises occupied by such establishment shall be blackened to the extent necessary to make them opaque.
(3)
No such establishment shall be located within 500 lineal feet of a church or any other place of worship, or a private or public elementary, secondary or vocational school, or a public park, or within 500 lineal feet of any residence district.
(4)
Such establishment may have one nonflashing business sign, which sign may only indicate the name of the business and identify it as an adult entertainment establishment.
C.
District performance standards. In addition to the general performance standards, proposed uses in this district shall meet the following additional standards:
(1)
The proposed use shall be related to the general development pattern and the objectives of the Comprehensive Plan to provide a balanced local economy and to provide stable employment suitable for residents of Monona and the surrounding area.
(2)
The proposed use shall be compatible with nearby development as built or contemplated for construction in the near future.
(3)
Because of the limited supply of vacant land, any proposed retail or service uses shall not unnecessarily duplicate retail or service use already existing in the immediate vicinity.
§ 480-30 Community Design District.
A.
Characteristics of district. The Community Design District is characterized by large predominately undeveloped tracts. Because of the salience of these properties, the community vests a particular interest in rational, comprehensively planned development. As part of the limited remaining area of undeveloped land within the City, these properties are of critical importance in establishing a balance in land uses and in community services. It is expected that the development of property within this district will take advantage of the flexibility provided by the planned community development procedure. Further, it is expected that the district's development will include a compatible mix of residential, commercial, industrial or open space uses which realize the goals of the Comprehensive Plan.
B.
District performance standards.
(1)
Development shall occur only after coordinated advance site planning to retain the unique character of these tracts and to strike an acceptable balance between natural preservation, growth and development.
(2)
For each tract, development shall occur according to a large-scale plan rather than on a piecemeal basis. It is intended that this plan be a mutual product of efforts of the property owner and the City. This could be implemented by a policy resolution of the Plan Commission to accept the owner's general development plan for the tract or it could be implemented by a mutual decision by the owner and the City to rezone the tract to a Planned Community Development based on a general development plan.
(3)
Development shall preserve the maximum possible amount of open space and environmental amenities through techniques such as clustering, site planning and permanent reservation of open space.
(4)
All uses and their intensity, appearance and arrangement shall be of a visual and operational character, which:
(a)
Is compatible with the physical nature of the site, with particular concern for preservation of natural features, open space, tree growth, unique or environmentally significant landforms and unobstructed public views of bodies of water.
(b)
Would 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 as well as the specific concerns expressed by the community.
(c)
Would not create traffic or parking demand incompatible with the existing or proposed facilities to serve it unless jointly resolved.
(d)
Would not seriously affect the anticipated provision of school or municipal services unless jointly resolved.
(e)
Serve regional and community needs for employment, open space, moderate-cost housing, lake access and/or recreational facilities.
§ 480-31 Conservancy District.
A.
Purpose and intent. The Conservancy District is established to preserve in a natural open state certain areas such as lakes, waterways, shorelands, wetlands, marshes, floodplains, streambeds, slopes and other areas of aesthetic and ecological value, which because of their unique physical features are desirable and functional as natural drainageways, water retention area, natural habitats for plant and animal life or protected open space. The regulations of the Conservancy District are intended not only to preserve certain open space land and water areas for uses consistent with the intent and purpose of this chapter but also to protect the community from the costs which may be incurred when unsuitable development occurs in certain areas. Development in the Conservancy District is limited in character, although certain agricultural, public and recreational uses are permitted when controlled by specific limitations.
B.
Characteristics of district. The Conservancy District is characterized by land and water preserves, arboretums, boating, fishing, harvesting by hand of wild crops, public recreational facilities, the practice of wildlife and fish management and similar uses which protect the environmental quality of the area. It is intended that public highways and parkways will be permitted if they are designed to minimize damage to the conservancy area, to provide the public with a view of the conservancy area, and to relieve safety and traffic congestion problems along existing highways.
C.
Permits. The applicant shall secure all necessary permits from all appropriate federal, state and local agencies, including those required under Section 404 of the Federal Water Pollution Control Act as amended, 33 U.S.C. § 1344.
§ 480-32 Public Facilities District.
A.
Characteristics of district. This district is characterized by facilities owned by a government or governmental agency and by public utility facilities which are compatible with the environment.
B.
District performance standards. In addition to the general performance standards, proposed uses in this district shall meet the following standards:
(1)
To the extent feasible, a substantial portion of the property shall be maintained as landscaped open space.
(2)
The proposed use shall be related to the general development pattern and the objectives of the Comprehensive Plan to promote a balanced local economy, to promote needed goods and services not otherwise available in the immediate area and to protect and enhance the character of the surrounding neighborhood.
(3)
All uses and structures within this district must receive a zoning permit.
§ 480-33 Cemetery District.
A.
Characteristics of district. The Cemetery District is characterized by cemeteries, mausoleums, funeral chapels, monuments and ancillary facilities.