Village of East Troy

Accessory Dwelling Unit Accessory dwelling units are residential dwellings located directly above the ground floor of a building used for an office, commercial, or institutional land use, or a residential dwelling unit located on the same lot as a single-family dwelling unit, either in the same building as the single-family dwelling unit or in a detached building. Accessory dwelling units may also be permitted on the ground floor of a building used for an office, commercial, or institutional land use, but may not be within the first 24 feet of the ground floor measured from the front of the building.

Parking Requirements:

Parking is not required for this use.

Development Requirements:

(1) The number of occupants of the accessory dwelling unit shall not exceed one family plus one roomer or two unrelated individuals.
(2) Additional entrances shall not be added to the front elevation of an existing building, but may be added to side or rear or streetside elevations.
(3) Accessory dwelling units shall adhere to the setback requirements and standards for the underlying zoning district.
(4) On corner lots, primary entrances to accessory dwelling units shall be placed on the façade parallel to the side street.
(5) Accessory dwelling unit entryways within a rear or side yard shall be connected to a street frontage by a paved walkway or driveway.
(6) For accessory dwelling units located on the same lot as a single-family dwelling unit, the following additional regulations shall apply: (a) Principal building must be owner-occupied. (b) The accessory dwelling unit shall not be sold separately from the principal dwelling. (c) The maximum size of an accessory dwelling unit shall not exceed 75 percent of the principal dwelling’s floor area, up to a maximum size of 700 square feet. (d) The appearance or character of the principal building must not be significantly altered so that its appearance is no longer that of a single-family dwelling. (e) The exterior finish material must match in type, size and placement, the exterior finish material of the principal dwelling unit. (f) The roof pitch must match the predominant roof pitch of the principal dwelling unit or structure. (g) Trim must match the trim used on the principal dwelling unit. (h) Projecting eaves must match those of the principal dwelling unit or structure. (i) Windows must match those in the principal dwelling unit in both proportion (relationship of width to height) and orientation (horizontal or vertical).

Active Outdoor Public Recreation Active outdoor public recreation land uses include all recreational land uses located on public property (including school district property) which involves active recreational activities. Such land uses include play courts (such as tennis courts and basketball courts), playfields (such as ball diamonds, football fields, and soccer fields), neighborhood parks, tot lots, outdoor swimming pools, swimming beach areas, fitness courses, public golf courses, and similar land uses.

Parking Requirements:

Generally, one space per four expected patrons at maximum capacity for any use requiring over five spaces, however, the following specific requirements may apply. (1) Golf course: 36 spaces per nine holes, plus one space per employee on the largest work shift, plus 50 percent of spaces otherwise required for any accessory uses (e.g., bars, restaurant). (2) Swimming pool: One space per 30 percent of capacity in persons. (3) Tennis court: Two spaces per court.

Development Requirements:

(1) Facilities using recreational facility night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see Article K). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.
(2) All structures and active recreational areas shall be located a minimum of 50 feet from any residentially zoned property.
(3) Facilities which serve a regional or community-wide function shall provide an off-street passenger loading area if the majority of the users will be children.

Agricultural Service Agricultural service land uses include all operations pertaining to the sale, handling, transport, packaging, storage, or disposal of agricultural equipment, products, by-products, or materials primarily used or produced by agricultural operations. Examples of such land uses include agricultural implement sales, storage, or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities; commercial dairies; food processing facilities; canning and other packaging facilities; and agricultural waste disposal facilities (except commercial composting uses, see Section 510-46B).

Parking Requirements:

One space per employee on the largest work shift. (Notes: customer parking shall be provided based on land use; agricultural land uses are hereby made exempt from the surfacing requirements of Section 510-93).

Development Requirements:

(1) Agricultural service uses shall not be located in, or adjacent to, an existing or platted residential subdivision.
(2) All buildings, structures, outdoor storage areas, and outdoor animal containments (pastures, pens and similar areas) shall be located a minimum of 100 feet from all lot lines.
(3) If within the Rural Holding (RH-35) District, agricultural service uses shall be located in an area which is planned to remain commercially viable for agricultural land uses.
(4) Once discontinued for a period of 12 months, agricultural service uses shall not be reestablished or newly established except with the granting of a conditional use permit and shall only be permitted in the Rural Holding (RH-35) or General Industrial (GI) District.

Airport Airports are transportation facilities providing takeoff, landing, servicing, storage, and other services to any type of air transportation. The operation of any type of air vehicle (including ultralight aircraft, hang gliders, parasails, and related equipment, but excepting model aircraft) within the jurisdiction of this Chapter shall occur only in conjunction with an approved airport.

Parking Requirements:

One space per each employee on the largest work shift, plus one space per every 5 passengers based on average daily ridership

Development Requirements:

(1) Airports shall be surrounded by a bufferyard with a minimum opacity of 1.00 along all borders of the property not otherwise completely screened from activity areas by buildings or structures (see Article K).
(2) The East Troy Municipal Airport is governed by the provisions of the Minimum Standards and Procedures Ordinance, the Declaration of Lease Restrictions and Protective Covenants, and the Standard Conditions and Policies of the Lease Restrictions and Protective Covenants for the East Troy Municipal Airport.

Apartment 5-8 units This dwelling unit type consists of a single structure with three or more individual attached dwelling units which take access from a shared entrance or hallway.

Parking Requirements:

One space per dwelling unit

Development Requirements:

(1) A building code required fire rated wall separating living areas from the lowest level to the underside of the roof is required between each dwelling unit.
(2) Evidence that covenants specifying respective obligations with regard to any common structures, such as the shared wall, roof, and other inseparable improvements, are required.
(3) As part of the conditional use requirement for group developments, any development comprised of one or more buildings which contain six or more dwelling units shall provide additional site design features such as underground parking, architectural elements, landscaping, and/or on-site recreational facilities.
(4) This dwelling unit type may not be split into additional residences.

Apartment 9-16 units This dwelling unit type consists of a single structure with three or more individual attached dwelling units which take access from a shared entrance or hallway.

Parking Requirements:

One space per dwelling unit

Development Requirements:

(1) A building code required fire rated wall separating living areas from the lowest level to the underside of the roof is required between each dwelling unit.
(2) Evidence that covenants specifying respective obligations with regard to any common structures, such as the shared wall, roof, and other inseparable improvements, are required.
(3) As part of the conditional use requirement for group developments, any development comprised of one or more buildings which contain six or more dwelling units shall provide additional site design features such as underground parking, architectural elements, landscaping, and/or on-site recreational facilities.
(4) This dwelling unit type may not be split into additional residences.

Artisan Studio A building or portion thereof used for the preparation, display and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items, as either a principal use or accessory use. An artisan studio is used by no more than three artists or artisans. An artisan production shop is an artisan studio used by more than three artists or artisans.

Parking Requirements:

One space per 300 square feet of gross floor area plus adequate on-site parking is required for all customer and employee vehicles.

Development Requirements:

Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see Article K).

Bed and Breakfast Establishment Bed and breakfast establishments are exclusively indoor lodging facilities which provide meals only to paying lodgers. Such land uses may provide indoor recreational facilities for the exclusive use of their customers.

Parking Requirements:

One space per each bedroom in addition to requirements for principal residents

Development Requirements:

(1) If alcoholic beverages of any kind are to be served on the premises, the owner of the establishment shall first obtain the appropriate license in accordance with Village of East Troy and state regulations.
(2) Each such establishment shall be inspected annually by the Building Inspector to verify that the land use continues to meet all applicable regulations. A fee for such annual inspection shall be imposed by the Village.
(3) Signage for a bed-and-breakfast shall comply with all applicable requirements set forth in Article XV.
(4) No premises shall be utilized for a bed and breakfast operation unless there are at least two exits to the outdoors from such premises. Rooms utilized for sleeping shall have a minimum size of 100 square feet for every two occupants with an additional 30 square feet for each additional occupant to a maximum of four occupants per room. Each sleeping room used for the bed and breakfast operation shall have a separate operational smoke detector alarm. One lavatory and bathing facility shall be required for every 10 occupants, in addition to the owner/occupants’ personal facilities.
(5) The dwelling unit in which the bed and breakfast takes place shall be the principal residence of the operator/owner and said operator/owner shall live on the premises when the bed and breakfast operation is active.
(6) Breakfast shall be the only meal served to overnight guests.
(7) Each operator shall keep a list of names of all persons staying at the bed and breakfast operation. This list shall be kept on file for a period of one year. Such list shall be available for inspection by Village officials at any time.
(8) The maximum stay for any occupants of bed and breakfast operations shall be 14 consecutive days.
(9) Additional Requirements (a) Application Requirements. Applicants for a license to operate a bed and breakfast shall submit a floor plan of the single-family dwelling unit illustrating that the proposed operation will comply with the requirements of this Chapter and other applicable Village codes and ordinances. (b) Consideration of Issuance. After the application has been filed with the Village Clerk, the Plan Commission shall review and provide a recommendation to the Village Board for a conditional use permit. The Plan Commission shall hold a public hearing and determine whether any further license shall be issued based upon the public convenience and necessity of the people in the Village. In the Village’s determination of the number of bed and breakfast operations required to provide for such public convenience and necessity, the Village Board shall consider the effect upon residential neighborhoods, conditions of existing holders of licenses, and the necessity of issuance of additional licenses for public service. (c) Public Nuisance Violations. Bed and breakfast operations shall not be permitted whenever the operation endangers, offends, or interferes with the safety or rights of others so as to constitute a nuisance.(d) Suspension, Revocation, and Renewal. Any license issued under the provisions of this Chapter may be revoked by the Village Board for good cause shown after investigation and opportunity to the holder of such license to be heard in opposition thereto; in such investigation the compliance or non-compliance with the state law and local ordinances, the conduct of the licensee in regard to the public, and other consideration shall be weighed in determination of such issue.

Boarding House Boarding houses include any residential use renting rooms which do not contain private bathroom facilities.

Parking Requirements:

One space per each bedroom for rent, in addition to requirements for principle residents

Development Requirements:

(1) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see Article K).
(2) Boarding houses may only be located in an area of transition from residential land uses to nonresidential land uses, as determined by the Zoning Administrator.
(3) It shall be unlawful for any persons to operate a boarding house as defined and as permitted in this Chapter without first having obtained a conditional use permit.

Bus Yard A place where buses are parked when not in use and may include administrative offices and a building for the storage, care, and maintenance of buses in the fleet.

Parking Requirements:

One parking space for each employee on the largest work shift

Development Requirements:

(1) Location of use areas. Outdoor storage areas and other activity areas related to this use may not be located (i) in the front-yard building setback area; (ii) within 30 feet of a side or rear lot line when the adjoining property is located in a residential zoning district, an agricultural zoning district, or a planned development district that allows residential uses; (iii) within 20 feet of a side or rear lot line when the adjoining property is located in a commercial zoning district, and (iv) 10 feet from a side or rear lot line when the adjoining property is located in any other zoning district. Employee parking areas may be located in those areas otherwise allowed in the zoning code.
(2) Vehicle maintenance. The repair and maintenance of busses and other vehicles in the fleet must occur within an enclosed building.
(3) Fencing. Depending on the scale and nature of the bus yard, the Plan Commission may on a case-by-case basis require a solid fence, as approved by the Plan Commission, in those areas where screening is needed in the judgment of the Plan Commission to mitigate potential impacts to adjoining properties.
(4) Control of fugitive dust. As part of the site plan and operation plan review process, the control of fugitive dust (e.g., dust from a gravel yard) generated by this use, if any, shall be addressed to the satisfaction of the Plan Commission.
(5) Hazardous materials and bulk fuel. As part of the site plan and operation plan review process, the storage of hazardous materials and bulk fuel, if any, shall be addressed to the satisfaction of the Plan Commission.

Campground Campgrounds include any facilities designed for overnight accommodation of persons in tents, travel trailers, or other mobile or portable shelters or recreational vehicles.

Parking Requirements:

One and one-half (1.5) spaces per campsite

Development Requirements:

Campgrounds shall be surrounded by a bufferyard with a minimum opacity of 0.70 along all property borders abutting residentially zoned property (see Article K).

Clear Cutting Clear cutting includes the one‑time, continuing, or cumulative clearing, cutting, harvesting, or other destruction (including by fire) of trees in an area (or combined areas) of more than 30 percent of the woodlands on a property (or up to 100 percent for developments approved prior to the effective date of this Chapter).

Parking Requirements:

Parking is not required for this use.

Development Requirements:

(1) Clear cutting is permitted only as a conditional use. Any owner of property who intentionally clear cuts any area of his or her property or who intentionally solicits or causes another to intentionally clear cut any area of his or her property without first having secured a conditional use permit for such activity shall be subject to a forfeiture for such wrongful conduct and shall be required to implement the mitigation standards required for the destruction of woodlands solely at his/her expense, including costs associated with site inspection to confirm the satisfaction of mitigation requirements. Areas having been clear cut unintentionally as a result of fire shall not subject the owner of the property to forfeiture for such non-approved clear cutting activity, but shall require the satisfaction of mitigation requirements at the owner’s expense, including cost associated with site inspection to confirm the satisfaction of mitigation requirements.
(2) The applicant shall demonstrate that clear cutting will improve the level of environmental protection on the subject property.
(3) Areas of the subject property which are clear cut beyond the limitations established above shall be replanted per the requirements of Section 510-18. (Referenced Section requires the replanting of trees in other portions of the subject property; thereby freeing the currently wooded area for development while ensuring that the amount of required wooded area on the subject property remains constant).
(4) Clear cutting shall not be permitted within a required bufferyard or landscaped area or within an area designated as permanently protected green space (see Article XIV).

Commercial Animal Boarding Commercial animal boarding facilities including land uses which provide short-term and/or long-term boarding for animals, commercial kennels and commercial stables. Exercise yards, fields, training areas, and trails associated with such land uses are considered accessory to and do not require separate consideration.

Parking Requirements:

One space per every 1,000 square feet of gross floor area

Development Requirements:

(1) Each animal shall be provided with an indoor containment area.
(2) The minimum permitted size of horse or similar animal stall shall be 100 square feet.
(3) Special events such as shows, exhibitions, and contests shall only be permitted when a temporary use permit has been secured.

Commercial Indoor Lodging Commercial indoor lodging facilities include land uses which provide overnight housing in individual rooms or suites of rooms, each room or suite having a private bathroom. Such land uses may provide in-room or in-suite kitchens, and may also provide indoor recreational facilities for the exclusive use of their customers. Restaurant, lounge, fitness centers, and other on-site facilities available to non-lodgers are considered accessory uses and therefore require review as a separate land use

Parking Requirements:

One space per bedroom, plus one space for each employee on the largest work shift

Development Requirements:

(1) If located on the same side of a building as abutting residentially zoned property, no customer entrance of any kind shall be permitted within 100 feet of a residentially zoned property.
(2) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see Article K).
(3) Within the Business Park (BP) District, each and every room must take primary access via an individual interior door, and may not be accessed via an external balcony, porch or deck, except for emergency purposes.

Communication Tower Communication towers include all free‑standing broadcasting, receiving, or relay structures, and similar principal land uses; and any office, studio, or other land uses directly related to the function of the tower.

Parking Requirements:

One space per employee on the largest work shift

Development Requirements:

(1) Communication towers shall be erected and installed in accordance with the state electrical code adopted by reference in Section 10-31 et seq., National Electrical Safety Code, Federal Communications Commission, and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.
(2) Communication towers shall adhere to performance standards and requirements included in Section 13-1-134.

Community Garden Community garden areas for cultivation and related activities divided into one or more plots to be cultivated by more than one operator or member. These areas may be on public or private lands.

Parking Requirements:

Parking is not required for this use.

Development Requirements:

(1) All activity areas and structures shall comply with the required setbacks and height regulations for principal structures within the zoning district.
(2) A site plan shall be submitted to the Zoning Administrator for approval. Said site plan shall list the property owner, established sponsoring organization and garden manager, and demonstrate consideration for and indicate locations of structures, materials storage, equipment storage, access for deliveries and pickups, water availability, shaded rest area, and availability of public parking.
(3) The following structures are permitted in community gardens: tool sheds, shade pavilions, barns, rest-room facilities with composting toilets, and planting preparation houses, benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, beehives, and children’s play areas.
(4) Signage for a community garden shall comply with all applicable requirements set forth in Article XV.
(5) Fences shall comply with the regulations in § 510-97.

Community Living Arrangement 16+ Residents Community living arrangement land uses include all facilities provided for in Wisconsin Statutes 46.03(22), including child welfare agencies, group homes for children, foster homes, treatment foster homes, adult family homes, and community based residential facilities. Community living arrangements do not include group daycare centers (see § 510-42M); nursing homes (an institutional residential land use); hospitals, prisons, or jails (all indoor institutional land uses). Community living arrangement facilities are regulated depending upon their capacity as provided for in Wisconsin Statutes 62.23(7)(i), provided any such regulations do not violate federal or state housing or anti-discrimination laws.

Parking Requirements:

One space per every three residents

Development Requirements:

(1) No community living arrangement shall be established within 2,500 feet of any other such facility, regardless of capacity unless the Plan Commission and Village Board agree to a reduction in spacing.
(2) The total capacity of all community living arrangements (of all capacities) in the Village shall not exceed one percent of the Village’s population (unless specifically authorized by the Village Board following a public hearing by the Plan Commission).

Community Living Arrangement 1-8 Residents Community living arrangement land uses include all facilities provided for in Wisconsin Statutes 46.03(22), including child welfare agencies, group homes for children, foster homes, treatment foster homes, adult family homes, and community based residential facilities. Community living arrangements do not include group daycare centers (see § 510-42M); nursing homes (an institutional residential land use); hospitals, prisons, or jails (all indoor institutional land uses). Community living arrangement facilities are regulated depending upon their capacity as provided for in Wisconsin Statutes 62.23(7)(i), provided any such regulations do not violate federal or state housing or anti-discrimination laws.

Parking Requirements:

Three spaces

Development Requirements:

(1) No community living arrangement shall be established within 2,500 feet of any other such facility regardless of its capacity unless the Plan Commission and Village Board agree to a reduction in spacing.
(2) The applicant shall demonstrate that the total capacity of all community living arrangements (of all capacities) in the Village shall not exceed one percent of the Village’s population (unless specifically authorized by the Village Board following a public hearing by the Plan Commission).
(3) Foster homes housing four or fewer children and licensed under Wisconsin Statutes 48.62 shall not be subject to (1), above; and shall not be subject to, or count toward, the total arrived at in (2), above.

Community Living Arrangement 9-15 Residents Community living arrangement land uses include all facilities provided for in Wisconsin Statutes 46.03(22), including child welfare agencies, group homes for children, foster homes, treatment foster homes, adult family homes, and community based residential facilities. Community living arrangements do not include group daycare centers (see § 510-42M); nursing homes (an institutional residential land use); hospitals, prisons, or jails (all indoor institutional land uses). Community living arrangement facilities are regulated depending upon their capacity as provided for in Wisconsin Statutes 62.23(7)(i), provided any such regulations do not violate federal or state housing or anti-discrimination laws.

Parking Requirements:

Four spaces

Development Requirements:

(1) No community living arrangement shall be established within 2,500 feet of any other such facility, regardless of capacity unless the Plan Commission and Village Board agree to a reduction in spacing.
(2) The applicant shall demonstrate that the total capacity of all community living arrangements (of all capacities) in the Village shall not exceed one percent of the Village’s population (unless specifically authorized by the Village Board following a public hearing by the Plan Commission).

Company Cafeteria A company cafeteria is a food service operation which provides food only to company employees and their guests.

Parking Requirements:

Parking is not required for this use.

Development Requirements:

(1) Company cafeterias shall meet state food service requirements.
(2) Company cafeterias shall be located on the same property as a principal land use engaged in an operation other than food service.

Company On-Site Recreation - With Night Lighting This land use includes any active or passive recreational facility located on the same site as the principal land use, and which is reserved soley for the use of company employees and their guests.

Parking Requirements:

Parking is not required for this use.

Development Requirements:

(1) All structures and actively used outdoor areas shall be located a minimum of 50 feet from any residentially zoned property.
(2) Outdoor recreation facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see Article K). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

Company On-Site Recreation - Without Night Lighting This land use includes any active or passive recreational facility located on the same site as the principal land use, and which is reserved soley for the use of company employees and their guests.

Parking Requirements:

Parking is not required for this use.

Development Requirements:

(1) All structures and actively used outdoor areas shall be located a minimum of 50 feet from any residentially zoned property.
(2) Outdoor recreation facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see Article K). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

Contractor Shop/Showroom A place a contractor can use for office operations and for storing tools, equipment, and other related materials.

Parking Requirements:

One space for each 400 square feet devoted to retail sales/showroom, plus one space per each employee on the largest work shift

Development Requirements:

(1) Storefront/show. A retail storefront/showroom for products specifically related to the contractor’s business must be open for business at least 20 hours per week starting 3 months following occupancy of the building. The floor area of the storefront/showroom must be at least 300 square feet and the exterior door accessing the storefront/showroom must be clearly visible from the street.
(2) Indoor operations. All operations, except deliveries, and related storage must occur inside of the building. Outdoor storage of materials is strictly prohibited. No more than three company vehicles may be parked out of doors from 10:00 pm to 5:30 am.
(3) Qualifying buildings. A contractor shop/showroom can only be located in a building that existed on January 1, 2019 and that meets all applicable building codes for the intended use. Additions to such building are not allowed, except for retail sales/showroom. Overhead doors/loading bays may be added to such building, with Plan Commission approval, but only when not readily visible from the street.

Contractor Yard Contractor yards are used by a general contractor, excavation contractor, landscaping contractor, building contractor, oil or well drilling contractor, or similar business for the storage of vehicles, equipment, and materials used in the day-to-day operation of the business. This use may include a building which may be used for administrative offices, indoor storage, and the care and maintenance of equipment and vehicles in the fleet.

Parking Requirements:

One parking space for each employee on the largest work shift

Development Requirements:

(1) Type of outdoor storage. Outside storage of construction equipment and fleet vehicles is allowed. Construction materials may be kept out of doors provided such materials are being staged for a specific work project. The storage of construction debris, tree branches, wood chips, and the like is strictly prohibited.
(2) Equipment repair and maintenance. The repair and maintenance of construction equipment and vehicles must occur within an enclosed building, unless specifically permitted in the conditional use order authorizing the use.
(3) Sales. The on-premise sale, at retail or wholesale, of any materials is strictly prohibited.
(4) Incidental uses. Fabrication and assembly of component parts for use in a building project is permitted inside of a building on the subject property, provided such activity is of an incidental nature.
(5) Location of use areas. Outdoor storage areas and other activity areas related to this use may not be located (i) in the front-yard building setback area; (ii) within 30 feet of a side or rear lot line when the adjoining property is located in a residential zoning district, an agricultural zoning district, or a planned development district that allows residential uses; (iii) within 20 feet of a side or rear lot line when the adjoining property is located in a commercial zoning district; and (iv) 10 feet from a side or rear lot line when the adjoining property is located in any other zoning district. Employee parking areas may be located in those areas otherwise allowed in the zoning code.
(6) Fencing. Depending on the scale and nature of the contractor yard, the Plan Commission may on a case-by-case basis require a solid fence, as approved by the Plan Commission, in those areas where screening is needed in the judgment of the Plan Commission to mitigate potential impacts to adjoining properties.
(7) Control of fugitive dust. As part of the site plan and operation plan review process, the control of fugitive dust (e.g., dust from a gravel yard) generated by this use, if any, shall be addressed to the satisfaction of the Plan Commission.
(8) Hazardous materials and bulk fuel. As part of the site plan and operation plan review process, the storage of hazardous materials and bulk fuel, if any, shall be addressed to the satisfaction of the Plan Commission.

Cultivation Cultivation includes all operations primarily oriented to the on-site, outdoor raising of plants for commercial purposes. This land use includes the raising of trees as a crop to be replaced with more trees after harvesting, such as in nursery or Christmas tree operations. The raising of plants for consumption by farm animals is considered cultivation if said plants are consumed by animals which are located off-site.

Parking Requirements:

One space per employee on the largest work shift. (Notes: customer parking shall be provided based on land use; agricultural land uses are hereby made exempt from the surfacing requirements of Section 510-93.)

Development Requirements:

(1) Cultivation uses may only be re-established within the Rural Holding (RH-35) District.
(2) Cultivation uses, once discontinued for a period of 12 months, shall not be re-established or newly established except with the granting of a conditional use permit, and shall be limited to hay crops.
(3) The applicant shall provide a site plan that clearly depicts the area proposed for cultivation and all structures and land uses on all adjoining properties. A current air photo may be used as a base map for this site plan. All distances from the area to be cultivated to all property lines and structures on adjoining properties shall be measured and labeled on said site plan.
(4) The applicant shall provide a written plan of operation describing the proposed general timing and frequency of any and all farming activities involving mechanized equipment. The plan of operation shall list the times of operation of mechanized equipment, including earliest and latest times during the day and likely months of mechanized activity. Said plan of operation shall also list any and all chemicals to be used.

Distribution Center Distribution centers are facilities oriented to the short‑term indoor storage and possible repackaging and reshipment of materials involving the activities and products of a single user. Retail outlets associated with this use shall be considered accessory uses per Subsection 13-1-43(p), below.

Parking Requirements:

One space per each employee on the largest work shift

Development Requirements:

(1) Facility shall be surrounded by a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see Article K).
(2) All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.
(3) In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.

Duplex This dwelling unit type consists of two separate residences, each having a private individual access, and no shared internal access. Duplexes are attached side-by-side units, each with a ground floor and roof. Duplex dwelling units are located on a shared lot.

Parking Requirements:

Two spaces per dwelling unit

Development Requirements:

(1) A Uniform Dwelling Code required fire rated wall must separate the two dwelling units from the lowest level to flush against the underside of the roof.
(2) Individual sanitary sewer and public water laterals and utility meters are required for each dwelling unit.
(3) Evidence that covenants specifying respective obligations with regard to any common structures, such as the shared wall, roof, and other inseparable improvements, are required.
(4) This dwelling unit type may not be split into additional residences.

Expanded Home Occupation Expanded home occupations are intended to provide greater flexibility than home occupations in terms of number of employees, number of customer visits, and allowable occupations. For example, retail trade may be conducted in an expanded home occupation, whereas home occupations are limited to service-oriented businesses and businesses that do not generate customer visits.

Parking Requirements:

Parking is not required for this use.

Development Requirements:

(1) The expanded home occupation shall be conducted only within the enclosed area of the dwelling unit or attached garage.
(2) There shall be no exterior alterations which change the character of the structure as a single-family dwelling unit and/or exterior evidence of the expanded home occupation, other than those signs permitted in accordance with Subsection (5).
(3) No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.
(4) No use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference, or any other nuisance not normally associated with residential uses.
(5) Signage for a home occupation shall comply with all applicable requirements set forth in Article XV.
(6) Expanded home occupations shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.
(7) The Village Board may determine the percentage of the property that may be devoted to the expanded home occupation, but this shall not exceed 30 percent.
(8) Manufacturing of items or products on the premises is prohibited.
(9) No mechanical or electrical equipment shall be installed or maintained other than such as customarily incidental to domestic use.
(10) Under no circumstances shall a vehicle repair shop or body work business qualify as a home occupation.
(11) No expanded home occupation shall endanger the public health and safety and shall not interfere with other parcels in the neighborhood.

Exterior Communications Device This land use includes any structures used for communication reception, such as satellite dishes.

Parking Requirements:

Parking is not required for this use.

Development Requirements:

(1) Installation Standards. Signal receiving antennas installed in any zoning district within the Village shall comply with the following provisions: (a) Any signal receiving antenna and its mounting post shall be located a minimum of 15 feet from any property line. (b) Subject to the provisions herein, signal receiving antennas shall only be located in the rear yard of any lot. If reasonable reception of signals is not possible with a rear yard placement due to the physical characteristics of the lot and area, the signal receiving antenna shall be placed in the side yard of the lot. In the event that reasonable reception of signals is not possible by locating the signal receiving antenna on the rear or side yard of the property, such antenna may be placed in the front yard or on the roof of structures on the property. For corner lots, a side yard is only a yard that does not face a street. (c) If side yard, front yard, or roof mounting is requested, the Zoning Administrator shall determine where reasonable reception is possible, based on evidence provided by the person seeking to erect or construct the antenna.
(2) Mounting. Signal receiving antennas attached to the wall or roof of any principal or accessory structure shall be permitted only if the structure is properly constructed to carry all imposed loading and complies with applicable state and local building code requirements. The Zoning Administrator may require engineering calculations.
(3) Diameter. The diameter of signal receiving antenna shall not exceed 10 feet and 6 feet for a roof mounted antenna, except for systems used to provide community antenna television services.
(4) Height. (a) A ground mounted signal receiving antenna, including any platform or structure upon which said antenna is mounted or affixed, may not exceed 10 feet in height, as measured from the ground to the highest point of the antenna. (b) A roof mounted antenna may not exceed 8 feet in height above the surrounding roof line as measured from the lowest point of the existing roof line.
(5) Exterior communication devices shall be erected and installed in accordance with the state electrical code adopted by reference in Section 10-31 et seq., National Electrical Safety Code, Federal Communications Commission and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.

Family Daycare Home Family daycare homes are occupied residences in which a qualified person or persons provide childcare for 4 to 8 children.

Parking Requirements:

Parking is not required for this use.

Development Requirements:

No special standards apply to this use.

Farm Residence A farm residence is a single-family detached dwelling unit located on the same property as any of the principal agricultural land uses listed in Section 13-1-36.

Parking Requirements:

Two spaces

Development Requirements:

No special provisions apply to this use.

Farmer’s Market Farmer’s markets include the temporary or occasional outdoor retail sales of farm produce, plants and flowers, bakery goods, and/or crafts from vehicles or temporary stands located within a parking lot or public right-of-way.

Parking Requirements:

One space per vendor, plus adequate parking to accommodate customer traffic.

Development Requirements:

Facility shall have vehicular access to a collector or higher classification street.

Freight Terminal Freight terminals are defined as land and buildings representing either end of one or more truck carrier line(s) which may have some or all of the following facilities: yards, docks, management offices, storage sheds, buildings and/or outdoor storage areas, freight stations, and truck maintenance and repair facilities, principally serving several or many businesses requiring trans-shipment.

Parking Requirements:

One space per each employee on the largest work shift

Development Requirements:

(1) Facility shall be surrounded by a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see Article K).
(2) All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.
(3) In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.

Group Daycare Center 9+ Children Group daycare centers are land uses in which qualified persons provide childcare services for nine or more children. Examples of such land uses include daycare centers and nursery schools. Such land uses may be operated on a for-profit or a not-for-profit basis. Such land uses may be operated in conjunction with another principal land use on the same environs, such as a church, school, business, or civic organization. In such instances, group day care centers are not considered as accessory uses and therefore require review as a separate land use.

Parking Requirements:

One space per five students, plus one space for each employee on the largest work shift

Development Requirements:

(1) Group daycare centers shall not be located within a residential building.
(2) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.50 along all property borders abutting residentially zoned property (see Article K).
(3) The property owner’s permission and signature is required as part of the conditional use permit application.

Ham Radio Tower and Antenna - 45 ft or less This land use includes any structures, appurtenances, and components used for ham radio purposes that are located outside of a permitted principal or accessory structure. Depending on the height of the structure, ham radio towers and antennas either are permitted by right or may require a conditional use permit.

Parking Requirements:

Parking is not required for this use.

Development Requirements:

(1) Such ham radio devices shall require a building permit and on-site inspection (and related fees) for all installations for placement, height, structural integrity, and electrical connections.
(2) No portion of such ham radio device is permitted between the principal structure and a public street.
(3) All portions of such ham radio device shall comply with the side and rear yard setback requirements for accessory structures for the subject property’s zoning district.

Ham Radio Tower and Antenna - more than 45 ft up to 75 ft This land use includes any structures, appurtenances, and components used for ham radio purposes that are located outside of a permitted principal or accessory structure. Depending on the height of the structure, ham radio towers and antennas either are permitted by right or may require a conditional use permit.

Parking Requirements:

Parking is not required for this use.

Development Requirements:

(1) Such ham radio devices shall require a building permit and on-site inspection (and related fees) for all installations for placement, height, structural integrity, and electrical connections.
(2) No portion of such ham radio device is permitted between the principal structure and a public street.
(3) Device shall be subject to the site plan review process per Section 13-1-210. As part of this process, the agenda for the Plan Commission’s consideration of the site plan shall be mailed to the owners of properties adjacent (including properties adjacent at lot corners) to the subject property. The purpose of this notice is to provide the owners of adjacent properties an opportunity to learn about the federal limitations on the Village’s regulation of ham radio devices, the details of the proposed installation, and to provide comments about the proposed site plan. A formal public hearing is not required.
(4) All portions of such ham radio device shall comply with the side and rear yard setback requirements for accessory structures for the subject property’s zoning district.

Ham Radio Tower and Antenna - more than 75 ft This land use includes any structures, appurtenances, and components used for ham radio purposes that are located outside of a permitted principal or accessory structure.

Parking Requirements:

Parking is not required for this use.

Development Requirements:

(1) Such ham radio devices shall require a building permit and on-site inspection (and related fees) for all installations for placement, height, structural integrity, and electrical connections.
(2) Such ham radio devices shall be subject to the conditional use process per Section 13-1-207. The applicant shall demonstrate the necessity to seek a waiver from any and all requirements of either Subsection (1) or (2), to the satisfaction of the Plan Commission. As consistent with any proposed conditional use, the Plan Commission may approve the proposal, may add conditions of approval, or may deny the application.

Heavy Industrial Heavy industrial land uses are land uses that may be wholly or partially located outside of an enclosed building; may have the potential to create certain nuisances which are detectable at the property line; and may involve materials which pose a significant safety hazard. Examples of heavy industrial land uses include meat product producers; paper, pulp or paperboard producers; chemical and allied product producers (except drug producers) including poison or fertilizer producers; petroleum and coal product producers; asphalt, concrete or cement producers; tanneries; stone, clay, or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; recycling facilities not involving the on‑site storage of salvage materials; and large-scale alcoholic beverage producers exceeding the production limits in Chapter 125, Wisconsin Statutes.

Parking Requirements:

One space per each employee on the largest work shift

Development Requirements:

(1) Facility shall be surrounded by a bufferyard with a minimum opacity of 1.00 along all borders of the property other than permanent open space abutting properties which are not zoned Heavy Industrial (see Article K).
(2) All outdoor activity areas shall be located a minimum of 100 feet from residentially zoned property.
(3) No equipment or materials shall be stacked or otherwise stored so as to be visible over bufferyard screening elements.
(4) In no instance shall a heavy industrial land use exceed the performance standards listed in Article J.

Home Occupation Home occupations are economic activities performed within a single-family detached residence. Examples include personal and professional services and handicrafts. Home occupations are intended to provide a means to accommodate a small home-based family or professional business without the necessity of a rezoning from a residential to a business district. Home occupations are limited to service-oriented businesses and businesses that do not generate customer visits.

Parking Requirements:

Parking is not required for this use.

Development Requirements:

(1) The home occupation shall be conducted only within the enclosed area of the dwelling unit or attached garage.
(2) There shall be no exterior alterations which change the character of the structure as a single-family dwelling unit.
(3) There shall be no exterior evidence of the home occupation, other than those signs permitted per Subsection (6).
(4) No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.
(5) No use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference, or any other nuisance not normally associated with the average residential use in the district.
(6) Signage for a home occupation shall comply with all applicable requirements set forth in Article XV.
(7) Home occupations shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.
(8) The Village Board may determine the percentage of the property that may be devoted to the occupation, but this shall not exceed 30 percent.
(9) No mechanical or electrical equipment shall be installed or maintained other than such as customarily incidental to domestic use.
(10) Under no circumstances shall a vehicle repair shop or body work business qualify as a home occupation.
(11) No home occupation shall endanger the public health and safety and shall not interfere with other parcels in the neighborhood.
(12) Sale or transfer of the property shall cause the conditional use permit to be null and void.

Husbandry Husbandry land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity of less than one animal unit (defined in Section 510-12) per acre. This includes horses, cattle, sheep, goats, llamas (and related species), deer, antelope, swine, foul (including chickens, turkeys, ducks, geese, peacocks, guinea hens, game birds), aquatic species (including fish, shellfish, crustaceans, echinoderms, plants, and algae), and any animals typically hunted or trapped. This excludes animals typically kept as pets and commonly available at commercial pet stores (e.g., domestic dogs and cats, fish, small rodents, reptiles, amphibians, tropical/exotic birds). Apiaries are also considered husbandry land uses.

Parking Requirements:

One space per employee on the largest work shift. (Note: agricultural land uses are hereby made exempt from the surfacing requirements of Section 510-93).

Development Requirements:

(1) Any building housing animals shall be located a minimum of 300 feet from any residentially zoned property, and 100 feet from all other lot lines.
(2) All outdoor animal containments (pastures, pens, and similar areas) shall be located a minimum of 10 feet from any residentially zoned property.
(3) Husbandry uses, once discontinued for a period of 12 months, shall not be re-established or newly established except with the granting of a conditional use permit, and shall only be permitted in the Rural Holding (RH-35) District.

Incidental Indoor Sales Incidental indoor sales include any retail sales activity conducted exclusively indoors which is incidental to a principal land use such as warehousing, wholesaling, or any light industrial land use on the same site.

Parking Requirements:

Parking is not required for this use.

Development Requirements:

(1) The total area devoted to sales activity shall not exceed 25 percent of the total area of the buildings on the property. Areas devoted to artisan studio uses such as custom ceramics, glass, wood, paper, fabric, and similar crafts may exceed 5,000 square feet with the granting of a conditional use permit for such use.
(2) Shall provide restroom facilities directly accessible from retail sales area.
(3) The retail sales area shall by physically separated by a wall from all other activity areas.
(4) Minimum required parking: Adequate parking, per the requirements of Section 13-1-38(d), shall be provided for customers. Said parking shall be in addition to that required for the principal land use.

Incidental Light Industrial These land uses include any light industrial activity conducted exclusively indoors which is incidental to a principal land use, such as indoor sales or service, on the same site.

Parking Requirements:

See Section 13-1-124 of the zoning code.

Development Requirements:

(1) The total area devoted to light industrial activity shall not exceed 15 percent of the total area of the buildings on the property, or 5,000 square feet, whichever is less.
(2) The production area shall be physically separated by a wall from other activity areas and shall be soundproofed to the level required by Section 13-1-131 for all adjacent properties.

Incidental Outdoor Display Incidental outdoor display includes the sales and display of merchandise or equipment outside of an enclosed building and is incidental to a principal commercial or industrial land use.

Parking Requirements:

Parking is not required for this use.

Development Requirements:

Incidental outdoor display land uses shall comply with all regulations of Subsection 13-1-38(e) and the display area shall not exceed 25 percent of gross floor area of principal building on the site.

Indoor Commercial Entertainment Indoor commercial entertainment land uses include all land uses which provide entertainment services entirely within an enclosed building. Such activities often have operating hours that extend significantly later than most other commercial land uses. Examples of such land uses include restaurants, taverns, theaters, bowling alleys, arcades, roller rinks, pool halls, and fitness studios and instructional studios (e.g., dance, art, martial arts) where the occupancy load is more than 25 people.

Parking Requirements:

One space per every three patron seats or lockers (whichever is greater); or one space per three persons at the maximum capacity of the establishment (whichever is greater).

Development Requirements:

If located on the same side of the building as abutting residentially zoned property, no customer entrance of any kind shall be permitted within 150 feet, or as far as possible, of a residentially zoned property.
Facility shall provide bufferyard with minimum opacity of 0.60 along all borders of the property abutting residentially zoned property (see Article K).

Indoor Food Production Any business whose principal activity is the production and wholesaling of plants or plant byproducts (including fruits and vegetables) that are grown on-site within an enclosed building or structure constructed chiefly of glass or glasslike material, cloth, or other transparent material. Such uses also often involve the seasonal display of plants and related products outdoors. Indoor food production also includes the farming of aquatic organisms (plants and animals) under controlled conditions, and which is located entirely within an enclosed building and utilizes recirculating (closed) system technology. Such operations may also incorporate aquaponics, which is the symbiotic cultivation of plants and aquatic organisms in a recirculating system.

Parking Requirements:

For indoor aquaculture, one space for each 500 square feet of principal building area. For wholesale greenhouses, one space for every 10,000 square feet of gross storage area, plus one space per each employee on the largest work shift

Development Requirements:

(1) All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls and fencing shall be a minimum of 8 feet in height and shall be designed to completely screen all stored materials or products from view of non-industrialized areas at an elevation of 5 feet above the grade of all adjacent properties and rights-of-way. Said walls or fencing shall be screened from residentially zoned property by a bufferyard with a minimum opacity of 0.80 (see Article K).
(2) Storage and/or outdoor display areas shall be separated from any vehicular parking or circulation area by a minimum of 10 feet. This separation shall be clearly distinguished by a physical feature or barrier such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area.
(3) All outdoor storage areas shall be located no closer to a residentially zoned property than the required minimum setback for buildings on the subject property.
(4) The storage of items shall not be permitted in any landscaping areas, bufferyard areas, or permanently protected green space areas.
(5) In no event shall the storage of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of Subsection (14). If the number of provided parking stalls on the property is already less than the requirement, such storage area shall not further reduce the number of parking stalls already present.
(6) Materials being stored shall not interfere in any manner with either on-site or off-site traffic visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts.
(7) Indoor aquaculture operations shall be connected to the municipal water and sanitary sewer system and all wastewater shall be discharged to the municipal sanitary sewer system.
(8) Prior to the issuance of a conditional use permit, applicants wishing to establish indoor aquaculture operations shall prepare a report outlining the estimated average daily water usage and quantity of wastewater discharge. Such report shall be reviewed and approved by the Public Works Director.
(9) On-site processing of seafood is permitted, provided the activity is conducted entirely within an enclosed building and no odors are detectable from the property line.
(10) The on-site retail sale of seafood or vegetables shall be considered indoor sales for light industrial subject to the provisions of Section 13-1-43(o), provided the area devoted to sales does not exceed 25 percent of the total area of the building(s) within which the operation is located. Retail areas that exceed 25 percent of the total area of the building(s) within which the operation is located shall be considered an indoor sales and service principal land use.
(11) Site plans shall be provided which indicate the location of all outdoor activity areas.
(12) On-site composting shall be permitted, subject to the following regulations: (a) Compost areas shall be fully screened on all four sides. (b) Composting shall comply with all county, state, and federal rules, regulations, and permitting requirements.)No outdoor activity areas shall be located in bufferyard areas.
(13) No materials shall be stacked or otherwise stored so as to be visible over bufferyard screening elements.

Indoor Institutional Indoor institutional land uses include all indoor public and not-for-profit recreational facilities (such as gyms, swimming pools, libraries, museums, and community centers), funeral homes, schools, churches, nonprofit clubs, nonprofit fraternal organizations, convention centers, jails, prisons, and similar land uses.

Parking Requirements:

Generally, one space per three expected patrons at maximum capacity; however, the following specific requirements may apply. (1) Church: One space per five seats at the maximum capacity. (2) Community or recreation center: One space per 300 square feet of gross floor area, or one space per four patrons to the maximum capacity, whichever is greater, plus one space per employee on the largest work shift. (3) Funeral home: One space per three patron seats at the maximum capacity, plus one space per employee on the largest work shift. (4) Library or museum: One space per 300 square feet of gross floor area or one space per four seats to the maximum capacity, whichever is greater, plus one space per employee on the largest work shift. (5) Elementary and junior high: One space per two employees. (6) Senior high: One space per two employees, plus 30 percent of maximum capacity. (7) College or trade school: One space per staff member on the largest work shift, plus one space per two students of the largest class attendance period.

Development Requirements:

(1) Shall provide an off-street passenger loading area if the majority of the users will be children (as in the case of a school, church, library, or similar land use).
(2) All structures shall be located a minimum of 50 feet from any residentially zoned property.

Village of East Troy

Zoning Code Portal | Land Uses