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.
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.
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.