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.

Vehicle Parking:
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.

Vehicle Parking:
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).

Vehicle Parking:
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.

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.

Vehicle Parking:
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.

The following figure is intended to provide a graphic depiction of the setback and dimensional requirements for apartment land uses. Specific requirements for apartments can be found in Article III of the zoning code under the density, intensity, and bulk requirements for each residential zoning district.

Key to Figure
A Minimum lot width (at building minimum setback line)
B Street setback (lot line to principal building or attached garage)
C Corner lot (street side) setback (lot line to principal building or attached garage)
D Side setback (lot line to principal building or attached garage)
E Rear setback (lot line to principal building or attached garage)
F Accessory building side and rear setback (lot line to accessory building)
G Minimum pavement setbacks (lot line to pavement excluding driveway entrances, etc.)
H Minimum principal building separation (multi-structure developments on shared lots)

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.

Vehicle Parking:
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.

The following figure is intended to provide a graphic depiction of the setback and dimensional requirements for apartment land uses. Specific requirements for apartments can be found in Article III of the zoning code under the density, intensity, and bulk requirements for each residential zoning district.

Key to Figure
A Minimum lot width (at building minimum setback line)
B Street setback (lot line to principal building or attached garage)
C Corner lot (street side) setback (lot line to principal building or attached garage)
D Side setback (lot line to principal building or attached garage)
E Rear setback (lot line to principal building or attached garage)
F Accessory building side and rear setback (lot line to accessory building)
G Minimum pavement setbacks (lot line to pavement excluding driveway entrances, etc.)
H Minimum principal building separation (multi-structure developments on shared lots)

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.

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.

Vehicle Parking:
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.

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.

Vehicle Parking:
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.

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).

Vehicle Parking:
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.

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

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.

Vehicle Parking:
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.

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.

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.

Company Cafeteria

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

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.

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.

Construction Equipment Sales and Service

Construction equipment sales and service is a place where new and used construction equipment, such as dump trucks, excavators, graders, and scrapers are offered for rent, sale, lease, or exchange, or are taken on consignment. This use may include the repair of such equipment.

Contractor Shop/Showroom

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

Vehicle Parking:
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.

Vehicle Parking:
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.

Vehicle Parking:
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.

Village of East Troy

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