This article provides guidance on determining the development potential of property within the jurisdiction of this chapter per the regulations established in article II.

(Ord. No. 090412-02, § 1, 9-4-2012)

(a)

Purpose. An important goal of the Village of Fontana is to protect natural resources that are sensitive to disruption caused by development and/or other land use activities. These resources include floodplain, wetlands, surface water, lakeshores, woodlands and steep slopes. These resources serve important functions including the following that may be lost in the absence of appropriate mitigation approaches when these areas are subject to development and/or other land use activities: 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 may be considered natural areas requiring protection and preservation.

Figure 18-71: Natural Resources Site Evaluation Worksheet

(Ord. No. 090412-02, § 1, 9-4-2012)

This section, in conjunction with the density and intensity regulations included in article II, provides guidance to determine the maximum amount of development permitted on any given site.

(1)

The following instructions apply to both residential and nonresidential development:

a.

Consult the village's comprehensive plan for policies applicable to the subject property, particularly the future land use map and the transportation and community facility map.

b.

Consult the village's official map for planned capital facilities and dedication requirements that may affect the subject property, including parks, stormwater management facilities and street improvements.

c.

Check the official zoning map to determine the zoning designation of the site. The amount and type of development any given site may contain is directly related to the zoning district in which the site is located. See article II for a description of each zoning district.

d.

Determine the resource protection area (RPA) by completing the natural resources site evaluation worksheet (see Figure 18-71).

(2)

Residential density. The following instructions apply only to residential development:

a.

Determine the types of dwelling units allowed on the subject property by checking the zoning district in article II. Section 18-55 provides detailed descriptions and regulations for each dwelling unit (land use) type.

b.

Complete the following table to determine if proposed land use and site area are compatible with the zoning designation of the site(s). A completed example worksheet is provided below:

Residential Examples

The following example assumes a site containing a single 0.30 acre (i.e., 13,068 square foot) lot containing a 280 square foot woodland in the Village Residential (SR-5) zoning district:

The following example assumes a site containing a single 57,600 square foot lot containing a 3,900 square foot woodland in the Small Multifamily Residential (MR-8) zoning district:

(3)

Nonresidential intensity. The following instructions apply only to nonresidential development:

a.

Determine the types of land uses permitted on the subject property by checking the zoning district in article II. Article III provides detailed descriptions and regulations for each land use type.

b.

Complete the following table to determine if proposed land use and site area are compatible with the zoning designation of the site(s). A completed example worksheet is provided below:

Nonresidential Examples

The following example assumes a site containing a single 0.74 acre (i.e., 32,234 sf) lot containing a 230 square foot wetland in the Village Center (VC) zoning district:

The following example assumes a site containing a single 1.76 acre (i.e., 76,700 square foot) lot containing a 5,100 square foot wetland in the Research Park (RP) zoning district:

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 071017-03, § 8, 7-10-2017; Ord. No. 090418-02, § 3, 9-4-2018)

(a)

Pyramiding not permitted. No lakeshore lot or tract of land shall be used, occupied, subdivided into lots or outlots, condominiumized, sold, leased, or otherwise transferred or disposed of, nor shall any easement or interest therein be created, so as to convey riparian use of or access to Geneva Lake or any waterway connected therewith, to any offshore land, including lot(s) or outlot(s) in a subdivision, condominium or development. Doing so would be considered pyramiding which shall not be permitted.

(b)

Exceptions. This section shall not be deemed to restrict in any manner any publicly owned land or access points to Geneva Lake or waterway connected therewith. This section shall not be deemed to prohibit a lease agreement whereby a tenant is granted use of property for use as a single-family residence if said lease precludes recreational access to the lake or use of riparian rights by the owner or owners throughout the term of the tenancy. Publicly owned land or public access points, public utility easements or patrons of a commercial use shall not fall under the requirements of this section.

(Ord. No. 090412-02, § 1, 9-4-2012)