[1]
Editor’s Note: This article, adopted as Art. III, was
renumbered by the codifier for organizational purposes.
[1-19-2022]
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 98-009). 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 Lake Geneva Comprehensive Master Plan. (See also, Section
98-005 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 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 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.
[1-19-2022]
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 Section 98-306(1)
though (3) 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 Section 98-306(1)
and (2) refers to the requirements of Section 98-304, Residential
density standards. The description of the process addressing nonresidential
development in Section 98-306(1) and (3) refers to the requirements
of Section 98-305, Nonresidential intensity standards.
[1-19-2022]
(1)
Purpose. An important goal of the City of Lake Geneva 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, floodfringes,
shorelands, wetlands, drainageways, lakeshores, steep slopes, and
woodlands. (These resources are fully defined in Article 5, Natural
Resource Protection Regulations.) 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, and soil quality; habitat provision 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 5, Natural Resource Protection Regulations, provides
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 Master Plan and/or required for dedication
per subdivision 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 drainageways
|
+ _____ acres
| |
|
6.
|
Add portion of gross site area containing lakeshores
|
+ _____ acres
| |
|
7.
|
Add portion of gross site area containing woodlands
|
+ _____ acres
| |
|
8.
|
Add portion of gross site area containing steep slopes
|
+ _____ acres
| |
|
9.
|
Subtract portions of natural resource areas [(b)1-(b)9] made
developable using approved environmental mitigation techniques
|
- _____ acres
| |
|
6.
|
Equals required resource protection area (RPA).
|
= _____ acres
| |
|
(c)
|
Determine the net developable area (NDA) of the site:
| ||
|
1.
|
Enter gross site area (GSA) [from (a)6, above]
|
_____ acres
| |
|
2.
|
Subtract required resource protection area (RPA) [from (b)10,
above]
|
- _____ acres
| |
|
3.
|
Equals net developable area (NDA)
|
= _____ acres
| |
[1-19-2022]
|
Zoning District
|
|
Regulates the type of uses permitted on the site. Section 98-105
describes each zoning district. Table 98-203 provides a detailed listing
of all uses permitted in each zoning district. Sections 98-205 and
98-206 provide detailed regulations applying to specific land uses.
Zoning districts are depicted on the Official Zoning Map (see Section
98-103).
|
|
Key to Table 98-304 Maximum gross density
|
|
Is the maximum number of dwelling units permitted on one acre
of gross site area in the specific zoning district and development
option. Gross site area is calculated in Section 98-303(3)(a).
|
|
Minimum lot area
|
|
Is the minimum size lot permitted within the specified zoning
district and development option. This also limits the type of dwelling
unit permitted. Specific dwelling unit regulations are given in Section
98-034.
|
|
Development Option
|
|
Describes the maximum level of clustering and the minimum proportion
of permanently protected green space area permitted on the site. (Refer
to Section 98-206 for a full description of each development option
and specific regulations which apply to its use.)
|
|
Minimum Landscape Surface 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 GSA. GSA is calculated in Section 98-303(3)(a). "Landscaped
area" is defined in Section 98-034.
|
|
Table 98-304: City of Lake Geneva Residential Density Standards
| |||||
|---|---|---|---|---|---|
|
Zoning District
|
Development Option
|
Maximum Gross Density
(MGD)
|
Minimum Lot Area(MLA)
|
Minimum Zoning District Area
|
Minimum Landscape Surface Ratio
(LSR)
|
|
Single-Family Res-4
|
Conventional
|
4.00
|
9,000 square feet
|
9,000 square feet
|
50%
|
|
Two-Family Res-6
|
Conventional
|
6.00
|
9,000 square feet
|
9,000 square feet
|
50%
|
|
Mobile home
|
5.00
|
9,000 square feet
|
10 acres
|
50%
| |
|
Multifamily Res-8
|
Conventional/institutional
|
8.00
|
4,500 square feet per du
|
18,000 square feet
|
50%
|
|
Rural Holding
|
Conventional
|
0.03
|
35 acres
|
35 acres
|
90%
|
|
Countryside Residential-5ac
|
Conventional
|
0.20
|
5 acres
|
5 acres
|
80%
|
|
Cluster
|
0.25
|
40,000 square feet
|
5 acres
|
90%
| |
|
Estate Residential-1
|
Conventional
|
1.00
|
40,000 square feet
|
40,000 square feet
|
60%
|
|
Single-Family Residential-3
|
Conventional
|
3.00
|
15,000 square feet
|
15,000 square feet
|
50%
|
|
Single-Family Residential-4
|
Conventional
|
4.00
|
9,000 square feet
|
9,000 square feet
|
50%
|
|
Two-Family Residential-61
|
Conventional
|
6.00
|
9,000 square feet
|
9,000 square feet
|
50%
|
|
Mobile home
|
5.00
|
9,000 square feet
|
10 acres
|
50%
| |
|
Multifamily Residential-81, 2
|
Conventional/institutional
|
8.004
|
4,500 square feet per du
|
10 acres
|
50%
|
|
Neighborhood Office
|
Conventional
|
Varies1, 2, 3
|
9,000 square feet
|
50%
| |
|
Institutional
|
Varies5
|
9,000 square feet
|
50%
| ||
|
Planned Office
|
Institutional
|
Varies5
|
20,000 square feet
|
40,000 square feet
|
50%
|
|
Neighborhood Business
|
Conventional
|
Varies1, 2, 3
|
9,000 square feet
|
50%
| |
|
Institutional
|
Varies5
|
9,000 square feet
|
50%
| ||
|
Planned Business
|
Institutional
|
Varies5
|
20,000 square feet
|
40,000 square feet
|
50%
|
|
General Business
|
Institutional
|
Varies5
|
9,000 square feet
|
18,000 square feet
|
50%
|
|
Central Business
|
Institutional
|
Varies5
|
9,000 square feet
|
9,000 square feet
|
0%
|
|
1
|
For single-family, see Single-Family-4 District.
|
|
2
|
For two-family, see Two-Family-6 District.
|
|
3
|
For townhouse, multiplex, apartment and institutional residential
development, see Multifamily-8 District.
|
|
4
|
Up to 10.00 du/acre per the limits of the conditional use permit.
|
|
5
|
Up to 50.00 du/acre per the limits of the conditional use permit.
|
[1-19-2022]
|
Zoning District
|
|
Regulates the type of uses permitted on the site. Section 98-205
describes each zoning district. Table 98-203 provides a detailed listing
of all uses permitted in each zoning district. Sections 98-205 and
98-206 provide detailed regulations applying to specific land uses.
Zoning districts are depicted on the Official Zoning Map (see Section
98-103).
|
|
Key to Table 98-305 Maximum Floor Area
|
|
Is the maximum permitted ratio calculated by dividing the total
gross floor area of all buildings on a site by the gross site area
(GSA). "Gross floor area" is defined in Section 98-034.
|
|
Maximum building size
|
|
Is the maximum total gross floor area which a building is permitted
to contain. "Gross floor area" is defined in Section 98-034.
|
|
Maximum Number of Floors
|
|
Is the maximum number of full floors a building is permitted
to contain. "Full floors" is defined in Section 98-034
|
|
Minimum Landscape Surface Area Ratio
|
|
Is the minimum permitted percentage of the gross site area (GSA)
which must be 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 98-303(3)(a). "Landscaped area" is defined
in Section 98-034.
|
|
Minimum Lot Area
|
|
Is the minimum size lot permitted in the specified zoning district
for a building with the listed number of floors.
|
|
Zoning District
|
Max Number of Floors(F)
|
Min Landscape Surface Ratio
(LSR)
|
Max Floor Surface Ratio
(FAR)
|
Min Lot Area
(MLA)
|
Max Bldg Size
(MBS)
|
|---|---|---|---|---|---|
|
Neighborhood Business
|
1
|
30%
|
0.250
|
9,000 square feet
|
5,000 square feet
|
|
2
|
40%
|
0.275
|
9,000 square feet
|
5,000 square feet
| |
|
Planned Business
|
1
|
25%
|
0.250
|
20,000 square feet
|
NA
|
|
2
|
30%
|
0.275
|
20,000 square feet
|
NA
| |
|
3
|
33%
|
0.300
|
20,000 square feet
|
NA
| |
|
4
|
35%
|
0.300
|
20,000 square feet
|
NA
| |
|
Rural Holding**
|
1
|
90%
|
0.100
|
40,000 square feet*
|
NA
|
|
Countryside Residential**
|
1
|
80%
|
0.100
|
40,000 square feet*
|
NA
|
|
Estate Residential**
|
1
|
60%
|
0.100
|
40,000 square feet*
|
NA
|
|
Single-Family Res-3**
|
1
|
50%
|
0.100
|
40,000 square feet*
|
NA
|
|
Single-Family Res-4**
|
1
|
50%
|
0.150
|
40,000 square feet*
|
NA
|
|
Two-Family Res-6**
|
1
|
30%
|
0.200
|
40,000 square feet*
|
NA
|
|
2
|
40%
|
0.220
|
40,000 square feet*
|
NA
| |
|
Multifamily Res-8**
|
1
|
25%
|
0.250
|
40,000 square feet*
|
NA
|
|
2
|
30%
|
0.275
|
40,000 square feet*
|
NA
| |
|
Neighborhood Office
|
1 or 2
|
40%
|
0.250
|
9,000 square feet
|
NA
|
|
Planned Office
|
1
|
25%
|
0.250
|
20,000 square feet
|
NA
|
|
2
|
30%
|
0.275
|
20,000 square feet
|
NA
| |
|
3
|
33%
|
0.290
|
20,000 square feet
|
NA
| |
|
4
|
35%
|
0.300
|
20,000 square feet
|
NA
| |
|
Neighborhood Business
|
1
|
30%
|
0.250
|
9,000 square feet
|
5,000 square feet
|
|
2
|
40%
|
0.275
|
9,000 square feet
|
5,000 square feet
| |
|
Planned Business
|
1
|
25%
|
0.250
|
20,000 square feet
|
NA
|
|
2
|
30%
|
0.275
|
20,000 square feet
|
NA
| |
|
3
|
33%
|
0.290
|
20,000 square feet
|
NA
| |
|
4
|
35%
|
0.300
|
20,000 square feet
|
NA
| |
|
General Business
|
1
|
15%
|
0.300
|
9,000 square feet
|
NA
|
|
2
|
18%
|
0.350
|
9,000 square feet
|
NA
| |
|
3
|
22%
|
0.375
|
9,000 square feet
|
NA
| |
|
4
|
25%
|
0.400
|
9,000 square feet
|
NA
| |
|
Central Business
|
1
|
0%
|
1.000
|
1,750 square feet
|
NA
|
|
2
|
0%
|
2.000
|
1,750 square feet
|
NA
| |
|
3
|
10%
|
2.500
|
1,750 square feet
|
NA
| |
|
4
|
20%
|
3.000
|
1,750 square feet
|
NA
| |
|
Planned Industrial
|
1
|
25%
|
0.500
|
40,000 square feet*
|
NA
|
|
2
|
30%
|
0.550
|
40,000 square feet*
|
NA
| |
|
3
|
33%
|
0.575
|
40,000 square feet*
|
NA
| |
|
4
|
35%
|
0.600
|
40,000 square feet*
|
NA
| |
|
General Industrial
|
1
|
15%
|
0.800
|
9,000 square feet
|
NA
|
|
2
|
18%
|
0.900
|
9,000 square feet
|
NA
| |
|
3
|
22%
|
0.975
|
9,000 square feet
|
NA
| |
|
4
|
25%
|
1.000
|
9,000 square feet
|
NA
| |
|
Heavy Industrial
|
1
|
15%
|
0.850
|
9,000 square feet
|
NA
|
|
2+
|
18%
|
1.000
|
9,000 square feet
|
NA
|
|
*
|
Reduction in lot area from 40,000 square feet to 20,000 square
feet is permitted as a conditional use per Section 98-905 with site
plan for end use of the property demonstrating full compliance with
all of the requirements of the City Code.
|
|
**
|
For permitted nonresidential uses in residential districts,
such as churches and schools.
|
[1-19-2022]
(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 Land Use and Transportation Plan Map. (Copies of
the Comprehensive Plan are available from the City.) From time to
time, the Comprehensive Plan may be amended. The City's Public Work's
Development should be consulted regarding changes to the Comprehensive
Plan which may effect 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 effect the subject property. The Official Map
is on display at the City's Public Works Department. From time to
time the Official Map may be amended. The City's Public Works Department
should be contacted regarding changes to the map which may effect
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
98-103), and the current zoning designation should be compared with
the description of that district provided in Section 98-105. The Official
Zoning Map is on display at the City's Public Work's 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 effect 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 98-303, 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 the gross site area (GSA)
and the net developable area (NDA) of the subject property. [Section
98-303(3) contains a worksheet to simplify these calculations.] The
Zoning Administrator should be contacted if assistance is desired
in completing these calculations.
(2)
Instructions for only residential development. (For Steps (a) through (c), see Subsection (1), above.)
(a)
Determine what types of dwelling units are permitted: The Table
of Land Uses (Section 98-203) should be checked to determine which
types of dwelling units are permitted within the zoning district for
the subject property. (Section 98-034 describes each dwelling unit
types.)
(b)
Identify the desired permitted development option. The Table
of Uses (Section 98-203) should also be checked to determine which
types of development options are permitted within the zoning district
for the subject property. Each development option is described in
detail in Section 98-206(1). 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 98-304,
Residential density standards, should be referred to for the selected
development option(s) in the zoning district(s).
(c)
Check minimum site area requirement against the gross site area.
The required minimum site area (MSA), given in Section 98-304 (Residential
density standards) for the development option selected in Subsection
(2)(b), and in the zoning district identified in Subsection (1)(b),
should be compared with the gross site area (GSA) required on the
subject property as determined under the natural resources site evaluation
in Subsection (1)(c), above. 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.
(d)
Determine maximum gross density permitted on the site. The maximum
gross density (MGD), given in Section 98-304 (Residential density
standards) for the development option selected in Subsection (2)(b)
and the zoning district identified in Subsection (1)(b), above, should
be noted; and used in Subsection 2(e), below.
(e)
Determine the maximum number of units permitted on the site.
The maximum gross density (MGD), identified in Subsection (2)(d),
above, multiplied by the gross site area (GSA) calculated in Subsection
(1)(c), 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.
(f)
Check the minimum permitted lot area against Table 98-203. The
minimum lot area (MLA) requirement given in Section 98-304 (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 Subsection (2)(b)), above.
If the MLA given in Section 98-203 is larger than the lot size requirement
given in Subsection (2)(b), then a dwelling unit type with a larger
lot size must be selected [in which case, it may be advantageous to
repeat Subsection 2(a) through (f) using a different dwelling unit
type and a different development option].
(3)
Instructions for only nonresidential development. [For Steps (a) through (c), see Subsection (1), above.] Section 98-305 contains a key to assist with the procedure described below.
(a)
Determine what types of land uses are permitted. The Table of
Uses (Section 98-303) 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 Section 98-206.
(b)
Check minimum lot area requirement against gross site area present
on the subject property: The required minimum lot area (MLA), given
in Section 98-305 (Nonresidential intensity standards) for the zoning
district identified in Subsection (1)(b), should be compared with
the gross site area (GSA) required on the subject property as determined
under the natural resources site evaluation in Subsection (1)(c),
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 (1)(c)] must be greater than or equal to the MLA
[from Subsection 3(b)].
(c)
Check minimum landscape surface ratio required against the required
resource protection area present on the subject property. The required
landscape surface ratio (LSR), given in Section 98-305 (Nonresidential
intensity standards) for the zoning district identified in Subsection
(1)(b), should be multiplied by the gross site area (GSA) use in Subsection
(3)(b), 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 Subsection (1)(c), above. 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 (1)(c)] is greater than the LSR,
the use of more floors may permit the development of more floor area
on the subject property.
(d)
Determine maximum floor area ratio permitted on the site. The
maximum floor area ratio (FAR) for the zoning district identified
in Subsection (1)(b), above, should be noted. This number will be
used in Subsection (3)(e) below.
(e)
Determine the maximum floor area permitted on the site. The
maximum floor area ration (FAR), identified in Subsection (3)(d),
above, multiplied by the gross site area (GSA) calculated in Subsection
(1)(c), above, 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.
(f)
Check the maximum building size requirement (NC District). The
maximum building size (MBS) requirement given in Section 98-305, Nonresidential
intensity standards, 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 Subsection (3)(e), above. If the MBS given in Section 98-305 is
smaller than the proposed building size calculated in Subsection (3)(e)
above, 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
that maximum permitted floor area ratios (FARs) are approachable,
if not completely 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 scale which is compatible
with nearby residential development.
[1-19-2022]
(1)
Blanket conforming status.
(a)
Blanket conforming status for any and all requirements of this
chapter is hereby automatically granted to all development sites in
their configuration existing or as finally approved as of passage
of this chapter.
(b)
After passage of this chapter, additional site development that
would result in the enlargement, expansion, or extension of uses,
structures or other development per Subsection (1)(c)1 through 8,
below, will not be allowed to occur without such additional site development
being in full compliance with the provisions of this chapter.
(c)
This subsection is intended to prevent the creation of nonconforming
sites related to the building and site design requirements of this
chapter. These building and site design components may include one
or more of the following:
1.
Bulk, intensity, and density requirements.
2.
Exterior building materials requirements.
3.
Exterior building design requirements.
4.
Parking, loading, access drive and other paved area design requirements.
5.
Landscaping requirements.
6.
Buffer yard requirements.
7.
Fencing requirements.
8.
Lighting requirements.
(d)
This subsection ensures that sites approved prior to INSERT
2014 DATE do not encounter difficulty because they would otherwise
be considered nonconforming.
(2)
All new buildings, structures, and parking areas, including
additions, shall comply with all site design requirements of this
chapter, including the components of Subsection (1)(c)1 through 8,
above, for the new portion of the development.
(3)
On lots where the site configuration and undeveloped area are
sufficient to comply with site design requirements, no enlargement,
expansion, or extension of a use, structure, or paving shall be permitted
if it makes compliance with the site design requirements of this chapter,
including Subsection (1)(c)1 through 8, above, impossible, even if
said enlargement, expansion, or extension of the use, structure, or
paving would otherwise be permissible.
(4)
On lots where the configuration and undeveloped area of the
nonconforming site provides insufficient space to bring the site into
full compliance with all site requirements but nevertheless provides
space to reduce the degree of one or more nonconformities, the Plan
Commission shall make a determination as to the manner and degree
to which each site nonconformities shall be brought into conformance
specifically to improve public safety and/or reduce public nuisances.
(5)
Enlargements, expansions, or extensions that would result in
creation of one or more nonconformities, render a nonconforming site
incapable of being brought into full or greater compliance with nonconforming
site incapable of being brought the degree of existing nonconformities
with the site development standards of this chapter shall not be permitted,
unless a variance is granted by the Zoning Board of Appeals under
Section 98-910.
(6)
Rationale. The "blanket conforming status" 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.
