Village Of Johnson Creek
City Zoning Code
City Zoning Code
ARTICLE IV
Density and Intensity Regulations
§ 250-48 Purpose.
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 § 250-9). 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 Village of Johnson Creek Comprehensive Master Plan. (See also § 250-5 of this chapter.) 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 community character and adopted community goals and objectives.
§ 250-49 Application of provisions.
This article contains the standards which determine the maximum amount of development permitted on any given site. Prior to using the provisions of this article to determine the development potential of a given property, the guidelines provided by § 250-53A through C should be reviewed. This article 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 § 250-53A and B refers to the requirements of § 250-51, Residential density standards. The description of the process addressing nonresidential development in § 250-53A and C refers to the requirements of § 250-52, Nonresidential intensity standards.
§ 250-50 Required natural resources site evaluation.
A.
Purpose. An important goal of the Village of Johnson Creek Comprehensive Master 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, flood-fringe, 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, groundwater 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. Article VI, Natural Resource Protection Regulations, and Chapter 240, Floodplain Zoning, provide detailed standards regarding permitted mitigation techniques and requirements.
C.
Natural Resources Site Evaluation Worksheet.[1]
[1]
Editor's Note: The Natural Resources Site Evaluation Worksheet is included at the end of this chapter.
§ 250-51 Residential density standards.
See Article II.
§ 250-52 Nonresidential intensity standards.
See Article II.
§ 250-53 Detailed instructions for density and intensity regulations.
A.
Instructions for both residential and nonresidential development.
(1)
(Step 1.) Check planning recommendations for the subject property.
(a)
Check Comprehensive Master Plan recommendations. The Village's Comprehensive Master Plan should be checked for implications related to the subject property, particularly the Land Use and Transportation Plan maps. (Copies of the Comprehensive Master Plan are available from the Village.) From time to time, the Comprehensive Master Plan may be amended. The Village Administrator should be consulted regarding changes to the Comprehensive Master Plan which may affect the subject property or its environs.
(b)
Check Official Map recommendations. The Village'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 Village Hall. From time to time the Official Map may be amended. The Village Administrator should be contacted regarding changes to the Official Map which may affect the subject property or its environs.
(2)
(Step 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 Village's Official Zoning Map (See § 250-18), and the current zoning designation should be compared with the description of that district provided in §§ 250-20 through 250-23. The Official Zoning Map is on display at the Village Hall. 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)
(Step 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 § 250-50, 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. (Section 250-50C contains a worksheet to simplify these calculations.[1]) The Zoning Administrator should be contacted if assistance is desired in completing these calculations.
[1]
Editor's Note: The Natural Resources Site Evaluation Worksheet is included at the end of this chapter.
B.
Instructions for only residential development. (For Steps 1 through 3, see Subsection A above.)
(2)
(Step 5.) Check the minimum site area requirement against the gross site area. The required minimum site area (MSA) given in the zoning district identified [Subsection A(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 [Subsection A(3)]. 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.
(3)
(Step 6.) Determine maximum gross density permitted on the site. The maximum gross density (MGD) given in the zoning district identified in Subsection A(2) above should be noted and used in Step 7 below.
(4)
(Step 7.) Determine the maximum number of units permitted on the site. The maximum gross density (MGD), identified in Subsection B(3) above, multiplied by the gross site area (GSA) calculated in Subsection A(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.
(5)
(Step 8.) Check the minimum permitted lot area. The minimum lot area (MLA) requirement given in the zoning district identified in Subsection A(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 [Subsection B(1)]. 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 above using a different dwelling unit type).
C.
Instructions for only nonresidential development. (For Steps 1 through 3, see Subsection A above.)
(2)
(Step 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 identified in Subsection A(2) should be compared with the gross site area (GSA) required on the subject property as determined under the natural resources site evaluation in Subsection A(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 Subsection A(3)] must be greater than or equal to the MLA.
(3)
(Step 6.) 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 the zoning district identified in Subsection A(2) should be multiplied by the gross site area (GSA) used in Step 5 above [Subsection C(2)]. 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 above [Subsection A(3)]. 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 Subsection A(3)] is greater than the LSR, the use of more floors may permit the development of more floor area on the subject property.
(4)
(Step 7.) Determine maximum floor area ratio permitted on the site. The maximum floor area ratio (FAR) for the zoning district identified in Subsection A(2) above should be noted. This number will be used in Step 8 below.
(5)
(Step 8.) 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 Step 3 above [see Subsection A(3)], 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.
(6)
Check the maximum building size requirement (NO and NB Districts). The maximum building size (MBS) requirement given in the zoning district identified in Subsection A(3) 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 [Subsection C(5)]. If the MBS given in § 250-52 is smaller than the proposed building size calculated in Step 8 above [Subsection C(5)], 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 sale which is compatible with nearby residential development. |
§ 250-54 Nonconforming development regulations.
A variance for any and all requirements of this article 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 article and unless a variance is granted by the Zoning Board of Appeals per the requirements of § 250-129.
Rationale: The "blanket variance" provision of this section is intended to prevent the creation of certain nonconforming developments within the jurisdiction of this chapter. The adoption of the provisions of 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.