A.

The purpose of this chapter 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 title (see Section 17.04.080). 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.

B.

Rationale: This chapter regulates the development potential of all property within the jurisdiction of this title. This chapter is designed to ensure the implementation of many goals and objectives of the city of Sun Prairie comprehensive plan. (See also, Section 17.04.050 of this title.) 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 of site design options, which in turn results in land use inefficiencies, forced site planning, and/or the needless destruction of sensitive natural resources. The approach employed by this chapter, 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 community character and adopted community goals and objectives. (Prior code § 13-5-1)

This chapter contains the standards which determine the maximum amount of development permitted on any given site. Prior to using the provisions of this chapter to determine the development potential of a given property, the guidelines provided by Section 17.20.060(A) through (C) should be reviewed. This chapter 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 subsections 17.20.060(A) and (B) refers to the requirements of Section 17.20.040, residential density standards. The description of the process addressing nonresidential development in subsections 17.20.060(A) and (B) refers to the requirements of Section 17.20.050, nonresidential intensity standards. (Prior code § 13-5-2)

A.

Purpose. An important goal of the city of Sun Prairie 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: floodplains, wetlands, waterways, shorelands, steep slopes, woodlands, hilltops, and native prairies. (These resources are defined in Chapter 17.28.) 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 provision 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. (Chapter 17.28, natural resource protection regulations, provides detailed standards regarding permitted mitigation techniques and requirements.)

C.

Natural Resources Site Evaluation Worksheet.

1.

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

2.

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

3.

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

(Prior code § 13-5-3)

Key to Table 17.20.040

Table 17.20.040

(Prior code § 13-5-4)

Key to Table 17.20.050

Zoning District regulates the type of uses permitted on the site. Section 17.12.050 describes each zoning district. Table 17.16.030 provides a detailed listing of all uses permitted in each zoning district. Sections 17.12.050 and 17.12.060 provide detailed regulations applying to specific land uses. Zoning districts are depicted on the official zoning map. (See Section 17.12.030.)

Maximum Floor Area Ratio is the maximum permitted ratio calculated by dividing the total gross flood area of all buildings on the site by the gross site area (GSA). "Gross floor area" is defined in Section 17.08.040.

Minimum Building Size is the maximum total gross floor area which a building is permitted to contain. "Gross floor area" is defined in Section 17.08.040.

Maximum Number of Floors is the maximum number of full floors a building is permitted to contain. "Full floors" is defined in Section 17.08.040.

Minimum Landscape Surface Area Ratio is the minimum permitted percentage of the gross site area (GSA) which must be preserved as permanently protected landscaped area. LSR is calculated by dividing the total landscaped area of a site by the gross site area (GSA). GSA is calculated in Section 17.20.030(C)(1). "Landscaped area" is defined in Section 17.08.040.

Table 17.20.050

* Reduction in lot area from one acre to thirty thousand (30,000) square feet is permitted as a conditional use per Section 17.44.050, with site plan for end use of the property demonstrating full compliance with all of the requirements of the city code.

** Refer to Section 17.24.095 for exceptions to intensity standards for nonresidential uses in the Urban Residential (UR-12) zoning district.

*** Refer to Section 17.24.120 for exceptions to bulk standards for expansion of existing nonresidential uses in the Suburban Residential (SR-4), Mixed Residential (MR-8) and Urban Residential (UR-12) zoning districts.

**** The maximum floor area ratio may be increased by one hundred percent (100%) for developments in the Suburban Office (SO) zoning district that provide at least fifty percent (50%) of their parking within a parking structure, either within a principal building or in a detached structure. This floor area ratio increase can also be applied to developments consisting of multiple buildings on separate lots with shared parking configurations.

(Ord. 535, § 1, 9-17-2013; Ord. 353, § 2, 2-19-2008; Ord. 340, § 4, 11-6-2007; Ord. 144, § 2, 6-1-2004; Ord. 2001-21 § 1, 2001; prior code § 13-5-5)

A.

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: Map 11-3, preferred future land use; Map 12-4, functional classification of roads; Map 13-1, preferred growth areas; and Map 13-3, staged development plan for public facilities. (Copies of the plan are available at the city's planning department. Complete plans are sold at cost, summaries are free of charge.) From time to time, this plan may be amended. The city's planning department should be consulted regarding changes to the plan which may effect the subject property or its environs.

b.

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 engineering departments. From time to time this map may be amended. The city's planning and engineering departments should be contacted regarding changes to the map which may effect 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 Section 17.12.030), and the current zoning designation should be compared with the description of that district provided in Section 17.12.050. The official zoning map is on display at the city's planning department. From time to time, the official zoning map may be amended. The zoning administrator should be contacted regarding potential changes in the map which may effect 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 Section 17.20.030, 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 the gross site area (GSA) and the net developable area (NDA) of the subject property. (Subsection 17.20.030(C) contains a worksheet to simplify these calculations.) The city planner should be contacted if assistance is desired in completing these calculations.

B.

For Residential Development. For Steps (1) through (3), see subsection A of this section. Section 17.20.040 contains a key to assist with the procedure described below.

4.

Determine What Types of Dwelling Units are Permitted. The Table of Uses (Section 17.16.030) should be checked to determine which types of dwelling units are permitted within the zoning district present on, or proposed for, the subject property. Each dwelling unit listed in the table requires a particular minimum lot area (MLA) which is given in square feet to the right of the dwelling unit name. A complete description of each dwelling unit type, and their detailed lot, setback and development standards, is presented in Section 17.24.030.

5.

Identify the Desired Permitted Development Option. The Table of Uses (Section 17.16.030) should be checked to determine which types of development options are permitted within the zoning district present on, or proposed for, the subject property. Each development option listed in the table permits different dwelling unit types. Care should be taken to ensure that the selected development options permit the desired dwelling unit types (see subsection (B)(4) of this section). Each development option is described in detail in Section 17.16.070. The selection of a particular development option may be related to the preponderance of sensitive natural resource areas on the site, or may reflect current or projected residential market conditions and the dwelling unit types they call for. After the desired permitted development option is identified, Section 17.20.040, residential density standards, should be referred to for a detailed listing of requirements for the selected development option in the identified zoning district(s).

6.

Check Minimum Site Area Requirement Against Gross Site Area Present on the Subject Property. The required minimum site area (MSA), given in Section 17.20.040 (residential density standards) for the development option selected in (5), and in the zoning district identified in (2), 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) in subsection A of this section. If the GSA is less than the MSA required by the selected development option, then a development option requiring a lower degree of clustering must be selected (to reduce the required MSA), or additional property should be acquired. In other words, the GSA (from (3)) must be equal to or greater than the MSA (from (5)).

7.

Check Green Space Ratio Requirement Against Required Resource Protection Area Present on the Subject Property. The required green space ratio (GSR), given in Section 17.20.040 (Residential Density Standards) for the development option selected in (5) and in the zoning district identified in (2), should be multiplied by the gross site area (GSA) used in Step (6), 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 resource protection area (RPA) required on the subject property as determined under the natural resource site evaluation in Step (3) in subsection A of this section. If the area of the site containing sensitive natural resources exceeds the area of permanently protected green space required in the selected development option, then a development option requiring a higher degree of clustering may have to be used in order to approach maximum development potential of the site. In other words, if the RPA (from (3)) is greater than the area required by the GSR (from (5)), a more clustered development option may permit the development of more dwelling units on the subject property.

8.

Determine Maximum Gross Density Permitted on the Site. The maximum gross density (MGD), given in Section 17.20.040 (Residential Density Standards) for the development option selected in (5) and the zoning district identified in (2), above, should be noted. This number will be used in Step (9), below.

9.

Determine the Maximum Number of Units Permitted on the Site. The maximum gross density (MGD), identified in (8), 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 title. Inefficient site design, poor property configuration, and other factors may result in a lower number of units actually fitting on the site.

10.

Check the Minimum Permitted Lot Area Against Table 17.16.030. The minimum lot area (MLA) requirement given in Section 17.20.040 (residential density standards), is the smallest size lot permitted within the selected development option within the selected 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 Section 17.16.040 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 (10) using a different dwelling unit type and a different development option).

Rationale: Each residential zoning district permits a slight variation in maximum gross density (MGD) depending upon the type of development option used. As the minimum required green space ratio (GSR) increases within each zoning district (based on the development option selected), the MGD increases. This density incentive is based on two principles: First, the combinations of MGD and GSR requirements for the various development options permitted within each zoning district are designed to result in a consistent community character of development within that district; second, the density incentive is designed to at least partially compensate for potential per-unit price reductions associated with smaller lot sizes in developments providing significant amounts of required green space. The minimum lot area (MLA) requirements for each development option within each zoning district are used to ensure that a consistency of neighborhood character within each development option is maintained and that maximum permitted gross densities are approachable, if not completely attainable, under efficient site design practices. Finally, the minimum site area (MSA) requirements ensure that development within any given zoning district maintains a homogeneous appearance.

C.

Nonresidential Development. For Steps (1) through (3), see subsection A of this section. Section 17.20.050 contains a key to assist with the procedure described below.

4.

Determine What Types of Land Uses are Permitted. The second and third pages of the Table of Uses (Section 17.16.030) should be checked to determine which types of land uses are permitted within the zoning district present on, or proposed for, the subject property. A complete description of each land use is presented in Sections 17.16.060 through 17.16.160.

5.

Identify the Desired Development Option (Number of Floors). Section 17.20.050 (nonresidential intensity standards) presents a detailed listing of the development options available for nonresidential development in each zoning district. Each development option is based on a particular combination of maximum number of floors (#F), minimum landscape surface ratio (LSR), and maximum floor area ratio (FAR). The selection of a particular development option may be related to the presence of sensitive natural resource areas on the site, or may reflect current or projected nonresidential market conditions and the types of buildings they call for.

6.

Check Minimum Lot Area Requirement Against Gross Site Area Present on the Subject Property. The required minimum lot area (MLA), given in Section 17.20.050 (nonresidential intensity standards) for the development option selected in (5), and in the zoning district identified in (2), 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 selected development option, then additional property should be acquired. In other words, the GSA (from (3)) must be greater than or equal to the MLA (from (5)).

7.

Check Minimum Landscape Surface Ratio Requirement Against the Required Resource Protection Area Present on the Subject Property. The required landscape surface ratio (LSR), given in Section 17.20.050 (nonresidential intensity standards) for the development option selected in (5), and in the zoning district identified in (2), should be multiplied by the gross site area (GSA) used in Step (6), 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 resource protection area (RPA) required on the subject property as determined under the natural resource site evaluation in Step (3) of subsection A of this section. If the area of the site containing sensitive natural resources exceeds the area of permanently protected landscape surface required in the selected development option, then a development option requiring more floors may have to be used in order to approach maximum development potential on the site. In other words, if the RPA (from (3)) is greater than the LSR (from (5)), a taller development option may permit the development of more floor area on the subject property.

8.

Determine Maximum Floor Area Ratio Permitted on the Site. The maximum floor area ratio (FAR) given in Section 17.20.050 (nonresidential intensity standards) for the development option selected in (5) and the zoning district identified in (2), of subsection A of this section, should be noted. This number will be used in Step (9), below.

9.

Determine the Maximum Floor Area Permitted on the Site. The maximum floor area ratio (FAR), identified in (8), 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 under that development option within that zoning district. The ability to actually develop this amount of floor area is not guaranteed by the provisions of this title. Inefficient site design, poor property configuration, and other factors may result in a smaller amount of area actually fitting on the site.

10.

Check the Maximum Building Size Requirement (NC District). The maximum building size (MBS) requirement given in Section 17.20.050, nonresidential intensity standards, is the largest size building permitted within the selected development option within the neighborhood commercial (NC) district. The MBS must equal or be greater than the building size proposed for the project in Step (9), above. If the MBS given in Section 17.16.050 is smaller than the proposed building size calculated in Step (9) above, then a smaller building must be built, or the use of additional buildings should be considered.

Rationale: Each nonresidential zoning district permits a slight variation in maximum floor area ratio (FAR) depending upon the type of development option used. As the minimum required landscape surface ratio (LSR) increases within each zoning district (based on the development option selected), the FAR increases. This intensity incentive is based on two principles: First, the combinations of FAR and LSR requirements for the various development options within each zoning district are designed to result in a consistent community character of development within that district; second, the intensity incentive is designed to compensate for potential per square foot price reductions associated with smaller FARs in developments providing significant amounts of required green space. The minimum lot area (MLA) requirements for each development option within each zoning district are used to ensure that a consistency of neighborhood character within each development option is maintained and that maximum permitted floor area ratios (FARs) are approachable, if not completely attainable, under efficient site design practices. Finally, the maximum building size (MBS) requirements ensure that development within the neighborhood commercial (NC) district retains a neighborhood function and maintains a scale which is compatible with nearby residential development. (Prior code § 13-5-6)

A variance for any and all requirements of this chapter is automatically granted to all developments in their configuration existing or as finally approved as of the effective date of this title. However, after the effective date of this title such developments shall not be permitted to enlarge, expand or extend without bringing the enlargement, expansion or extension into compliance with the provisions of this chapter, and unless a variance is granted by the board of zoning appeals per the requirements of Section 17.44.080.

Rationale: The "blanket variance" provision of this section is intended to prevent the creation of certain nonconforming developments within the jurisdiction of this title. The adoption of the provisions of this section ensures that developments approved prior to the adoption of this title do not encounter difficulty in transferring ownership because they would otherwise be considered nonconforming. (Prior code § 13-5-7)