The following use performance standards in this article shall
apply to any construction or substantial reconstruction, conversion,
structural alteration, relocation or enlargement of any structure
or building and to any use or substantial change in the use of any
land, water, structure or building.
A.
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.
B.
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.
C.
The proposed use shall promote economical and efficient land use,
an improved level of amenities, creative design and a better environment.
D.
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.
E.
The proposed use shall not be adversely affected by existing uses
in the area.
F.
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.
G.
The proposed use is appropriate to the immediate neighborhood.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
[Amended 4-1-2013 by Ord.
No. 1-13-641]
The intent of this section is to set operational standards for
uses in the zoning districts. No use shall be permitted except in
compliance with the standards established or amended by the Department
of Natural Resources for air pollution, liquid or solid wastes, malodorous
emissions and with the following City standards:
A.
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.
B.
Vibration. No use shall cause vibration which is discernible to human
feeling beyond the premises of the source.
C.
Glare and heat. No use shall emit glare or heat which is visible
or measurable beyond the premises of the source.
D.
Electrical disturbance. No use shall emit any electrical disturbance
which adversely affects the use of any other premises.
E.
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.
F.
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.
G.
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.
A.
Any occupation may be conducted and permitted in a residence if it
complies with this section and all other applicable codes.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
No garage sale sign shall be displayed before one day before the
sale or one day following the sale.
F.
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.
All land shall be kept free of unhealthy and unsightly debris
and shall be maintained to be compatible with neighboring property.
All land, structures and buildings shall be maintained so as not to
become a nuisance to the neighborhood.
[Amended 10-16-2017 by Ord. No. 9-17-689]
A.
Requirements
of this section shall not apply to an earth station dish two feet
in diameter or less.
B.
Earth station dish antennas over two feet in diameter are prohibited
in residential areas.
C.
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.
D.
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.
This section provides the procedures and standards for issuance
of conditional use permits for the placement, construction or modification
of antenna arrays, communications towers and related facilities/technology
as defined in this chapter.
A.
ANTENNA ARRAY
COMMUNICATIONS TOWER
Definitions. The following definitions apply to this section:
The array of metal rods, dipoles, parasitic elements and
associated appurtenances which are attached to the communications
tower and which are connected to the transmission lines or waveguides.
Any structure, whether freestanding or attached to an existing
building or structure, that is designed and constructed primarily
for the purpose of supporting one or more antennas, including self-supporting
lattice towers, guy towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
the like.
B.
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.
C.
Application.
(2)
Any decision to deny a request under this section shall be in writing
and supported by substantial evidence contained in a written record.
Such denial shall state the denial and shall provide the reasons for
the denial.
(3)
The provisions and limitations of § 66.0404, Wis. Stats.,
shall apply.
[Added 10-16-2017 by Ord.
No. 9-17-689]
D.
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:
(1)
Compliance with all general performance standards, use performance
standards and site performance standards, as well as zoning district
and Building Code requirements contained in the Monona Municipal Code;
and
(2)
Compliance with all radio frequency emissions requirements established
by the Federal Communications Commission (FCC); and
(3)
Compliance with all Federal Aviation Administration rules as to height;
and
(4)
Compliance with all federal environmental laws, including the National
Environmental Policy Act of 1969; and
(5)
No existing communications tower or site is located within the area
in which the applicant's equipment must be located; or
(6)
No existing communications tower or site within the area in which
the applicant's equipment must be located is of sufficient height
to meet the applicant's requirements, and the deficiency in height
cannot be remedied at a reasonable cost; or
(7)
No existing communications tower or site within the area in which
the applicant's equipment must be located has sufficient structural
strength to support applicant's equipment, and the deficiency
in structural strength cannot be remedied at a reasonable cost; or
(8)
The applicant's equipment would cause electromagnetic interference
with equipment on the existing communications tower(s) or site(s)
within the area in which the applicant's equipment must be located
or the equipment on the existing communications tower(s) or site(s)
would cause interference with the applicant's equipment, and
the interference, from whatever source, cannot be eliminated at a
reasonable cost; or
(9)
The fees, costs or contractual provisions required by the owner in
order to co-locate on an existing communications tower or site are
unreasonable relative to industry norms; or
(10)
The applicant demonstrates that there are other factors that
render existing communications towers or sites unsuitable or unavailable
and establishes that the public interest is best served by the siting
or construction of a new communications tower or site.
E.
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]
F.
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.
(1)
Water tower sites. The City's water towers represent a large
public investment in water pressure stabilization and peak capacity
reserves. Protection of the quality of the City's water supply
is of prime importance to the City and the health and welfare of its
citizens. As access to the City's water storage systems increases,
so too increases the potential for contamination of the public water
supply. For these reasons, the placement of wireless telecommunications
antennas or towers on the water tower sites will be allowed only when
the City is fully satisfied the following requirements are met:
(a)
The applicant's access to the facility will not increase
the risks of contamination to the City's water supply.
(b)
There is sufficient room on the structure and/or on the grounds
to accommodate the applicant's facility.
(c)
The presence of the facility will not increase the water tower
or reservoir maintenance costs to the City.
(d)
The presence of the facility will not be harmful to the health
of workers maintaining the water tower.
(2)
Parks. The presence of certain wireless telecommunications antennas
or towers represents a potential conflict with the purposes of City-owned
parks. Wireless telecommunications antennas or towers will be considered
in City-owned parks and land zoned P - Public Facilities only after
the recommendation of the Park and Recreation Board, Plan Commission
and approval by the City Council.
G.
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.
H.
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.
I.
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]
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
O.
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.
