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 section 78-009). 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: This article regulates the development potential of all property within the jurisdiction of this chapter. This article is designed to ensure the implementation of many goals and objectives of the City of Stoughton 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. The approach employed by this article, relying on maximum gross densities (MGDs) and minimum green space ratios (GSRs) 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 of desired community character and adopted community goals and objectives.

(Ord. No. 0-6-09, 6-23-2009; Ord. No. 0-21-2024, § 1(Exh. A), 11-26-2024)

Editor's note— Ord. No. 0-21-2024, § 1(Exh. A), adopted Nov. 26, 2024, repealed § 78-302, which pertained to how to use this article, and derived from Ord. No. 0-6-09, adopted June 23, 2009.

(1)

Purpose. An important goal of the City of Stoughton 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, , 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.

(2)

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. Article V: Overlay Zoning Districts, Chapter 30: Floodplain Zoning, and Chapter 31: Shoreland-Wetland Zoning provide detailed standards regarding permitted mitigation techniques and requirements.

(3)

Natural resources site evaluation worksheet.

(a)

Determine the gross site area (GSA) of the site:

1.

Total site area as determined by actual on-site survey.  _______acres

2.

Subtract area located within proposed rights-of-ways of roads and within proposed boundaries of public facilities which are designated within the city's comprehensive plan and/or required for dedication per land division regulations.  -_______acres

3.

Subtract land which although part of the same parcel is not contiguous to, or is not accessible from, the proposed road network serving the project.  -_______acres

4.

Subtract land which is proposed for a different development option or a different zoning district.  -_______acres

5.

Subtract area of navigable waters (lakes and streams).  -_______acres

6.

Equals gross site area (GSA).  =_______acres

(b)

Determine the required resource protection area (RPA) of the site:

1.

Portion of gross site area containing floodways.  _______acres

2.

Portion of gross site area containing floodplain areas.  _______acres

3.

Portion of gross site area containing floodfringes.  _______acres

4.

Add portion of gross site area containing wetlands.  +_______acres

5.

Add portion of gross site area containing lakeshores.  +_______acres

6.

Add portion of gross site area containing woodlands.  +_______acres

7.

Add portion of gross site area containing steep slopes.  +_______acres

8.

Subtract portions of natural resource areas ((b)1.- (b)9.) made developable using approved environmental mitigation techniques.  -_______acres

9.

Equals required resource protection area (RPA).  =_______acres

(c)

Determine the net developable area (NDA) of the site:

1.

Enter gross site area (GSA) {from subsection (a)6., above}  _______acres

2.

Subtract required resource protection area (RPA) {from subsection (b)10., above}.  -_______acres

3.

Equals net developable area (NDA).  =_______acres

4.

Multiply NDA by maximum gross intensity or density for the zoning district

5.

To calculate maximum development potential of the site from table  =_______acres

(Ord. No. 0-6-09, 6-23-2009)

See article I.

(Ord. No. 0-6-09, 6-23-2009)

See article I.

(Ord. No. 0-6-09, 6-23-2009)

(1)

Instructions for both residential and nonresidential development.

(a)

Check planning recommendations for the subject property.

1.

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

2.

Check official map recommendations: The city's official map should be checked for proposed capital facilities and dedication requirements including schools, parks, stormwater management facilities and street improvements which may affect the subject property. The official map is on display at the city's planning and development department. From time to time the official map may be amended. The city's planning and development department should be contacted regarding changes to the map which may affect the subject property or its environs.

(b)

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 section 78-103), and the current zoning designation should be compared with the description of that district provided in section 78-105. The official zoning map is on display at the city's planning and development 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.

(c)

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 section 78- 303, Required natural resources site evaluation, 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 required resource protection area (RPA) should be determined, as should gross site area (GSA) and the net developable area (NDA) of the subject property. (Subsection 78-303(3) contains a worksheet to simplify these calculations.) The zoning administrator should be contacted if assistance is desired in completing these calculations.

(2)

For residential development see Appendix D.

(3)

For nonresidential development see Appendix D.

(Ord. No. 0-6-09, 6-23-2009; Memo. of 3-22-2010; Ord. No. 0-1-2012, § 1, 1-24-2012; Ord. No. 0-11-2012, § 1, 6-12-2012)

A variance for any and all requirements of this subchapter is hereby automatically granted to all developments in their configuration existing or as finally approved as of the effective date of this chapter. However, after the effective date of this chapter, such developments shall not be permitted to enlarge, expand or extend without bringing the enlargement, expansions or extension into compliance with the provisions of this Subchapter, unless a variance is granted by the zoning board of appeals under section 78-910.

Rationale: The "blanket variance" provision of this section is intended to prevent the creation of certain nonconforming developments subject to the requirements of this chapter. This section ensures that developments approved prior to the adoption of this chapter do not encounter difficulty in transferring ownership because they would otherwise be considered nonconforming.

(Ord. No. 0-6-09, 6-23-2009)