The purpose of this article is to indicate the maximum permitted density (for residential projects) and maximum permitted intensity (for nonresidential projects) of development on any given site within the jurisdiction of this chapter (see § 150.007). The development potential of any site is determined by a variety of factors, including but not limited to: 1) the area of the site; 2) the proportion of the site not containing sensitive natural resources; 3) the zoning district(s) in which the site is located; 4) the development option(s) the site is developed under; and 5) the use(s) considered for development.

Rationale:Article 3 regulates the development potential of all property within the jurisdiction of this chapter. Article 3 is designed to ensure the implementation of many goals and objectives of the city comprehensive plan (see also, § 150.003). Many of these are extremely difficult to address using conventional zoning techniques, particularly those which rely on minimum lot area requirements to establish maximum permitted residential densities, and maximum floor area ratios to establish the character of nonresidential developments. Such approaches provide for a minimum flexibility and/or the needless destruction of sensitive natural resources. The approach employed by Article 3, relying on maximum gross densities (MGDs) and minimum required landscape surface ratios (LSRs) for residential development, and minimum required landscape surface ratios (LSRs) in combination with maximum permitted floor area ratios (FARs) for nonresidential development, (both in conjunction with a variety of development options available in every zoning district) results in a very high degree of site design flexibility and the protection and implementation of desired community character and adopted community goals and objectives.

(Ord. No. 801G, § 3, 3-6-06)

Article 3 contains the standards that determine the maximum amount of development permitted on any given site. Prior to using the provisions of article 3 to determine the development potential of a given property, the guidelines provided by § 150.303(A) through (C) should be reviewed. Article 3 recognizes inherent differences between residential and nonresidential land uses, and thus regulates their development in slightly different manners. The description of the process addressing residential development in § 150.304(A) and (B) refers to the residential density standards within each district located in article 1. The description of the process addressing nonresidential development in § 150.304(A) and (C) refers to the nonresidential intensity standards within each district located in article 1.

(Ord. No. 801G, § 3, 3-6-06)

(A)

Purpose. An important goal of the city comprehensive plan is the protection of natural resources, which are sensitive to disruption caused by development and/or other land use activities. These resources include: Floodways, floodplain areas, floodfringe, shorelands, wetlands, drainageways, lakeshores, steep slopes, and woodlands. These resources serve important functions, which are lost when these areas are subject to development and/or other land use activities, in the absence of correct mitigation approaches. In many instances, these functions cannot be provided by other natural or man-made features. Specific broad categories of such functions include the protection and enhancement of air, surface water, ground water, and soil quality; habitat provisions and diversification; aesthetic diversification; and buffering effects.

(B)

Mitigation. In certain instances, natural features can accommodate development and/or other land use activities without a significant loss of their functional benefits if proper mitigation practices are employed.

(C)

Natural resources site evaluation worksheet. A natural resources site evaluation worksheet must be completed per the requirements described in § 150.304(A)(3).

(Ord. No. 801G, § 3, 3-6-06)

(A)

Instructions for both residential and nonresidential development.

(1)

Check planning recommendations for the subject property.

A.

Check comprehensive plan recommendations. The city's comprehensive plan should be checked for implications related to the subject property, particularly the land use and transportation plan maps (copies of the comprehensive plan are available from the city.) From time to time, the comprehensive plan may be amended. The city should be consulted regarding any changes to the comprehensive plan that may affect the subject property or its environs.

(2)

Check the zoning of the subject property. The potential amount and type of development any given site may contain is directly related to the zoning district in which the site is located. The subject property should be identified on the city's official zoning map (see § 150.103), and the current zoning designation should be compared with the description of that district provided in § 150.105. The official zoning map is on display at the city's public works department and planning department. From time to time, the official zoning map may be amended. The zoning administrator should be contacted regarding potential changes in the official zoning map, which may affect the subject property or its environs.

(3)

Complete a natural resources site evaluation for the site. The effect of protected natural resources on the development potential of the subject property should be evaluated. All resources listed in the natural resources site evaluation worksheet below should be identified on the subject property, located on a map (or air photo) of the subject property, and the total area of the property (in acres) covered by those resources, known as permanently protected natural resource area (PNRA), should be determined, as should gross site area (GSA) and the net developable area (NDA) of the subject property. The natural resource protection plan (§ 150.503) shall be required in addition to this worksheet.

Natural Resources Site Evaluation Worksheet

The Zoning Administrator should be contacted if assistance is desired in completing these calculations.

(B)

Instructions for only residential development.

(For steps (1) through (3), see (A), above.)

(4)

Determine what types of dwelling units are permitted.Article 1 should be checked to determine which types of dwelling units are permitted within the zoning district for the subject property (§ 150.204(A) describes each dwelling unit type).

(5)

Check the minimum site area requirement against the gross site area. The required minimum site area (MSA), given in the zoning district identified (b), should be compared with the gross site area (GSA) required on the subject property as determined under the natural resources site evaluation in step (3), above. If the GSA is less than the MSA required by the selected development option, then a different development option must be selected, or additional property should be acquired.

(6)

Determine maximum gross density permitted on the site. The maximum gross density (MGD), given in the zoning district identified in Step (2), above, should be noted; and used in step (7), below.

(7)

Determine the maximum number of units permitted on the site. The maximum gross density (MGD), identified in step (6), above, multiplied by the gross site area (GSA) calculated in step (3), above, equals the maximum number of dwelling units permitted on the subject property under the selected development option within the selected zoning district. The ability to actually develop this number of dwelling units on the subject property is not guaranteed by the provisions of this chapter. Inefficient site design, poor property configuration, and other factors may result in a lower number of units actually fitting on the site.

(8)

Check the minimum permitted lot area. The minimum lot area (MLA) requirement given in the zoning district identified in step (2), is the smallest size lot permitted within the zoning district. The MLA must equal or be less than the lot size requirement for the type of dwelling unit proposed for the project in step (4), above. If the MLA given in the zoning district is larger than the lot size requirement given in step (4), then a dwelling unit type with a larger lot size must be selected (in which case, it may be advantageous to repeat steps (4) through (8) using a different dwelling unit type).

(C)

Instructions for only nonresidential development.

(For steps (1) through (3), see (A), above.)

(4)

Determine what types of land uses are permitted.Article 1 should be checked to determine which types of land uses are permitted within the zoning district designated on, or proposed for, the subject property. A complete description of each land use is presented in § 150.204.

(5)

Check the minimum lot area requirement against the gross site area present on the subject property. The required minimum lot area (MLA), given in the zoning district should be compared with the gross site area (GSA) required on the subject property as determined under the natural resources site evaluation in step (3), above. If the GSA is less than the MLA required by the zoning district, then additional property should be acquired. In other words, the GSA (from step (3)) must be greater than or equal to the MLA (from step (5)).

(6)

Check minimum landscape surface ratio requirement against the permanently protected natural resource area present on the subject property. The required landscape surface ratio (LSR), given in the zoning district identified in step (2), should be multiplied by the gross site area (GSA) used in step (5), above. The resulting product is the area of the site that must be permanently protected as green space. This area should be compared with the permanently protected natural resource area (PNRA) required on the subject property as determined under the natural resource site evaluation in step (3), above. If the area of the site containing sensitive natural resources exceeds the area of permanently protected landscape surface required, then more floors may have to be used in order to approach maximum development potential on the site. In other words, if the RPA (from step (3)) is greater than the LSR, the use of more floors may permit the development of more floor area on the subject property.

(7)

Determine maximum floor area ratio permitted on the site. The maximum floor area ratio (FAR) for the zoning district identified in step (2), above, should be noted. This number will be used in step (8), below.

(8)

Determine the maximum floor area permitted on the site. The maximum floor area ratio (FAR), identified in step (7) above, multiplied by the gross site area (GSA) calculated in step (3), above, equals the maximum square footage of gross floor area permitted on the subject property within that zoning district. The ability to actually develop this amount of floor area is not guaranteed by the provisions of this chapter. Inefficient site design, poor property configuration, and other factors may result in a smaller amount of area actually fitting on the site.

(9)

Check the maximum building size requirement (NO and NB districts). The maximum building size (MBS) requirement given in the zoning district identified in step (2), above, is the largest size building permitted within the neighborhood office and neighborhood business districts. The MBS must equal or be greater than the building size proposed for the project in step (8), above. If the MBS given in NO or NB zoning districts (per § 150.105) is smaller than the proposed building size calculated in step (8) above, then a smaller building must be built, or the use of additional buildings should be considered.

Rationale: The combinations of maximum floor area ratio (FAR) and minimum landscape surface ratio (LSR) requirements within each zoning district are designed to result in a consistent community character of development within that district. The minimum lot area (MLA) requirements for each zoning district are used to ensure that a consistency of neighborhood character within each zoning district is maintained and attainable, under efficient site design practices. The maximum building size (MBS) requirements ensure that development within the neighborhood office and neighborhood business districts retain a neighborhood function and maintains a scale compatible with nearby residential development.

(Ord. No. 801G, § 3, 3-6-06)