East Troy City Zoning Code
ARTICLE VII
Density and Intensity
§ 510-49 Purpose.
This article regulates the development potential of all property within the jurisdiction of this chapter in order to protect and enhance the desired community character of the Village of East Troy. 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. This article is designed to ensure the implementation of many goals and objectives of the Village of East Troy Comprehensive Plan. 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. Any nonconforming situation (lot, use, structure and/or site) shall adhere to the provisions of Article IX.
§ 510-50 Approach.
A.
The approach employed by this article considers both the development potential of a given lot as well as the natural resources requiring protection and preservation located on the site and applies the following methods to ensure a high degree of site design flexibility and the protection of community character and natural resources:
B.
The development potential of any site is determined by a variety of factors, including but not limited to:
§ 510-51 Natural resources site evaluation.
A.
Purpose. An important goal of the Village of East Troy is to protect natural resources that are sensitive to disruption caused by development and/or other land use activities. These resources include floodways, floodplain areas, flood-fringe, shorelands, wetlands, lakeshores, steep slopes, and woodlands. These resources serve important functions which are lost in the absence of correct mitigation approaches when these areas are subject to development and/or other land use activities. 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, groundwater, and soil quality; habitat provisions and diversification; aesthetic diversification; and buffering effects.
B.
Natural Resources Site Evaluation Worksheet. This worksheet is intended to determine which areas of a site are considered natural areas, requiring protection and preservation, and which areas are most suited for development.[1]
[1]
Editor's Note: The Natural Resources Site Evaluation Worksheet is included as an attachment to this chapter.
§ 510-52 Instructions to determine density and intensity.
This article, in conjunction with the density and intensity regulations included in Articles III, IV and V, contains the standards which determine the maximum amount of development permitted on any given site. This article recognizes inherent differences between residential and nonresidential land uses and thus regulates their development in slightly different manners.
A.
Instructions to determine density and intensity are applicable to both residential and nonresidential development.
(1)
The Village's Comprehensive Plan should be reviewed for implications related to the subject property, particularly the Future Land Use and Transportation Maps.
(2)
The Village's Official Map should be reviewed for planned capital facilities and dedication requirements, including schools, parks, stormwater management facilities, and street improvements, which may affect the subject property.
(3)
The amount and type of development any given site may contain is directly related to the zoning district in which the site is located. The current zoning designation as depicted on the Official Zoning Map should be compared with the description of that district provided in Article II.
(4)
The effect of protected natural resources on the development potential of the subject property should be evaluated. A Natural Resources Site Evaluation Worksheet (see § 510-51B above) should be completed for the site. All resources listed should be identified on the subject property, and the total area of the property (in acres) covered by those resources [resource protection areas (RPA)] should be determined, as should the gross site area (GSA) and the net developable area (NDA) of the subject property.
B.
The following instructions apply only to residential development. In addition to Subsection A(1) through (4) above, the following steps shall be completed to determine residential density:
(2)
Check the minimum site area (MSA) requirement against the gross site area (GSA) of the subject property (refer to Articles III, IV and V), as determined under the natural resources site evaluation in Subsection A(4) 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.
(4)
Determine the maximum number of units permitted on the site. The maximum gross density, identified in Subsection B(3) above, multiplied by the gross site area calculated in Subsection B(2) above, equals the maximum number of dwelling units permitted on the subject property under the selected development option within the zoning district of the subject property. The ability to actually develop this number of dwelling units on the subject property is not guaranteed by the provisions of this article. Inefficient site design, poor property configuration, and other factors may result in a lower number of units actually fitting on the site.
(5)
Check the minimum lot area (MLA) requirement of the subject property (refer to Articles III, IV and V). The MLA must be equal to or less than the lot size requirement for the type of dwelling unit proposed for the project in Subsection B(1) above. If the MLA given in the zoning district is larger than the lot size requirement given in Subsection B(1), then a dwelling unit type with a larger lot size must be selected [in which case, it may be advantageous to repeat Subsection B(1) through (5) using a different dwelling unit type].
C.
The following instructions apply only to nonresidential development. In addition to Subsection A(1) through (4) above, the following steps shall be completed to determine nonresidential intensity:
(2)
Check the minimum lot area requirement against the gross site area present on the subject property as determined under the natural resources site evaluation in Subsection A(4) 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 must be greater than or equal to the MLA.
(3)
Check the minimum landscape surface ratio (LSR) requirement (refer to Articles III, IV and V) against the required resource protection area (RPA) present on the subject property. The LSR should be multiplied by the GSA used in Subsection C(2) above. The resulting product is the area of the site which must be permanently protected as green space. This area should be compared with the required RPA on the subject property as determined under the natural resource site evaluation in Subsection A(4) 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 is greater than the LSR, the use of more floors may permit the development of more floor area on the subject property.
(4)
Determine the maximum floor area ratio (FAR) permitted on the site, which is calculated by dividing the total floor area of all buildings on a site by the gross site area (see "maximum floor area ratio"). This number will be used in Subsection C(5) below.
(5)
Determine the maximum floor area permitted on the site. The maximum floor area ratio (FAR), identified in Subsection C(4) above, multiplied by the gross site area (GSA) calculated in Subsection C(2) 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 article. Inefficient site design, poor property configuration, and other factors may result in a smaller amount of area actually fitting on the site.
(6)
Check the maximum building size (MBS) requirement indicated in Articles III, IV and V. If the MBS given in Articles III, IV and V is smaller than the proposed building size calculated in Subsection C(5) above, then a smaller building must be built or the use of additional buildings should be considered.