Zoning Code Portal | General Requirements

Air Pollution In addition to all applicable state and federal standards, the following shall apply: (1) The emission of particulate matter containing a particle diameter larger than 44 microns is prohibited. (2) Emission of smoke or particulate matter of a density equal to or greater than Number 2 on the Ringelmann Chart (US Bureau of Mines) is prohibited at all times. (3) Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any lot shall be kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable means. (4) All applicable state and federal standards.

See s. 510-101 of the zoning code for additional details.
Airport Height Restriction Overlay District This overlay district is intended to regulate the height of buildings, structures, and fixtures within the vicinity of the East Troy Municipal Airport to protect the public health, safety, and welfare of both airport users and residents of the surrounding communities. The AHR district is intended to prevent or more closely regulate buildings, structures, and fixtures to ensure safe landing, take-off, and maneuvering of aircraft within the vicinity of the airport. A map showing the height limitations was initially adopted in 1988 is made part of the zoning code.

See s. 510-69 of the zoning code for details regarding height restrictions and special standards for outdoor lighting.
Backyard chickens The Village allows backyard chickens, but not under the zoning code. See s. 189-13 of the municipal code for more details.
Bufferyards If a parcel abuts another parcel that is in a different zoning district, special requirements for bufferyards may apply. Bufferyards typically include landscaping and/or a fence and are intended to provide a visual screen and additional separation between potentially incompatible land uses.

See s. 510-119 of the zoning code for more details.
Building Coverage Building coverage is used to control how much of a lot is built upon. Rates range from 35 percent upt to 75 percent and are specified for each of the zoning districts. Go to the Dimensional Standards page to see this and other dimensional standards.
Building Height The maximum height of new buildings and additions are regulated to ensure they are compatible with the character of the zoning district in which they occur. Maximum building height will vary from district to district, so check out the differences.

The height of a building is measured from the lowest finished grade at the building line to:
  1. the highest point of a flat roof;
  2. the mean height of a gable, gambrel, hip, and pitch roof; or
  3. the deck line of a mansard roof.

Go to the Dimensional Standards page to see this and other dimensional standards.
Corner Visibility The Village has established standards for corner visibility to ensure that motorists and pedestrians are able to see one another at street intersections. To maintain proper visibility, standards control what types of structures and landscaping may be placed in these areas. The size of these areas is dictated by the nature of the intersecting streets. As a general rule, more visibility (and a larger area) is needed at those intersections where travel speeds are higher.

See s. 510-92 of the zoning code for more details.
Development Agreement In certain circumstances, a developer and the village may enter into a development agreement. This agreement is a private contract that addresses the rights and responsibilities of the developer and the village with regard to the project.
Downtown Design A Downtown Design Overlay District has been established to implement the urban design recommendations of the Village of East Troy Comprehensive Plan by preserving and enhancing the aesthetic qualities (historical and visual) of the community, and by attaining a consistent visually pleasing image for various portions of the Village. 

See Article XI of the zoning code for all of the standards that may apply.
Economic and Fiscal Analysis The Village may require that the person proposing a large development complete an economic and fiscal analysis. See s. 510-109(D)(3) of the zoning code for additional details.
Financial Guarantee In some instances the Village may require a developer to provide a financial guarantee to ensure the performance of an obligation related to a development project. In some circumstances, a developer can provide a financial guarantee for the installation of landscaping because it is not possible because of inclement weather. A financial guarantee may take various forms as approved by the Village. Examples include a non-revocable letter of credit or a cash deposit.
Fire and Explosions Any use involving materials which could decompose by detonation shall be located not less than 400 feet from any residential or commercial zoning district except that this standard shall not apply to the storage or usage of liquefied petroleum or natural gas for normal residential or business purposes. All activities and storage of flammable and explosive materials at any point shall be provided with adequate safety and fire fighting devices in accordance with all fire prevention codes of the State of Wisconsin.

See s. 510-105 of the zoning code for more details.
Floodplain Overlay District As required by state statues, the Village established a Floodplain Overlay District to control land use and development with the 100-year floodplain areas. As with all of the other overlay districts, development must comply with the underlying zoning district and the overlay distrct. The strictest of the regulations shall control.

See Article XVIII of the zoning code for all of the requirements.
Glare and Heat No direct or sky-reflected glare shall be visible at the lot line of the subject property, whether from floodlights or from temperature processes, such as combustion, welding, or otherwise. As determined by the Zoning Administrator, there shall be no discernible transmission of heat or heated air at the lot line. Solar systems regulated by Wisconsin Statutes 66.0401 shall be entitled to the protection of its provisions.

See s. 510-104 of the zoning code for more details.
Groundwater Protection Overlay District The Groundwater Protection Overlay district is intended to control land uses located near the Village's municipal wells. Those land uses that have a high risk of contaminating the groundwater are either prohibited or limited in some manner. See s. 510-72 of the zoning code for the restrictions that apply.
Hazardous and Related Materials Land uses that involve research, production, storage, disposal, handling, and/or shipment of hazardous materials must disclose that information to the Village as part of a project review. Examples of materials that must be disclosed include:
  1. Micro-organism cultures subject to Wisconsin Statutes 94.65.
  2. Pesticides subject to Wisconsin Statutes 94.67(25).
  3. Biological products subject to Wisconsin Statutes 95.39.
  4. Hazardous substances subject to Wisconsin Statutes 100.37(1)(c).
  5. Toxic substances subject to Wisconsin Statutes 101.58(2)(j).
  6. Infectious agents subject to Wisconsin Statutes 101.58(2)(f).
  7. Any material for which the State of Wisconsin requires notification of a local fire department.
  8. Any other uses, activities, or materials which are subject to county, state, or federal hazardous, or related, materials regulations.
In addition, the Village has regulations relating to toxic, noxious, and waste materials. See ss. 510-107 and 510-106 of the zoning code for all of the requirements.
Impervious Surface The amount of impervious surfaces on a lot has a direct bearing on how much stormwater is able to infiltrate and how much area is available for landscaping. Standards have been established for each of the zoning districts and range from 30 percent in some of the residential areas to 100 percent in the downtown area. Go to the Dimensional Standards page to see this and other dimensional standards.
Landscaping The Village uses a number of standards for the amount, size, type, installation and maintenance of required landscaping. Most development projects are required to provide some level of landscaping. Typically, this involves plantings around the building, within the interior of the lot, and within parking lots. See Article XIV for all of the requirements.
Lot Access Section 510-91 establishes minimum standards for access to public right-of-ways. Standards address the number of access points, location, width of driveways, and other design issues.
Lot Area Lots need to meet the minimum size requirements for the zoning district in which they are located. Pre-existing lots that are smaller than what is required are referred to as nonconforming lots or substandard lots. Go to the Dimensional Standards page to see this and other dimensional standards.
Lot Density In some zoning districts where residential uses are allowed, a maximum density is specified for new residential subdivisions. This requirement is intended to limit the number of lots that may be created and help to ensure that a portion of the subject property is kept in open space or a similar undeveloped state. Go to the Dimensional Standards page to see this and other dimensional standards.To be verified.
Lot Width Lots need to meet minimum standards for width established for the zoning district in which they are located. Lot width is measured along an imaginary line generally parallel to the front lot line at the rear of the required front yard. Go to the Dimensional Standards page to see this and other dimensional standards.
Neighborhood Plan For a development exceeding 80,000 square feet in total gross floor area of all combined buildings within the development, the Village may require that a detailed neighborhood plan be submitted and approved by the Plan Commission and Village Board. The detailed neighborhood plan shall be prepared for all areas within 1,500 feet of the subject property, as measured from the outer perimeter of the subject property or group of properties proposed for development, and any other nearby lands as determined by the Plan Commission to be part of the defined neighborhood. See s. 510-109(D)(5) of the zoning code for more details.
Noise To ensure that land uses do not become a nusiance to nearby properties, the Village has established standards for all land uses and activities that create detectable noise, except for on-site construction and incidental traffic, parking, loading, maintenance, and agricultural operations.

See s. 510-100 of the zoning code for more details.
Nonconforming Lots A nonconforming or substandard lot is a lot that lawfully existed prior to the enactment of the requirements of this Chapter, but which does not meet the dimensional (i.e. minimum lot size or width) requirements of the zoning district in which it is located. See s. 510-62 of the zoning code for more details.

This website has a database of known nonconforming lots. Click to open.
 
Nonconforming Sites A nonconforming site is one in which a principal use has been established prior to the effective date of this Chapter and on which one or more site development standards such as minimum landscape surfaces, bufferyards, plantings, or minimum parking have not been met or cannot be met owing to the configuration of the site or existing structures whether conforming or nonconforming.

The Villages' code grants a blank conforming status to existing nonconforming sites subject to future compliance. See s. 510-64 of the zoning code for details.
Nonconforming Structures A nonconforming structure is any building or other structure, including all principal and accessory structures, which lawfully existed under ordinances or regulations preceding this Chapter, but which does not conform to all the bulk and intensity requirements of this Chapter. See s. 510-63 of the zoning code for more details.

This website has a database of known nonconforming structures. Click to open.
 
Nonconforming Uses A nonconforming use is any active and actual use of land, buildings, or structures which lawfully existed prior to the enactment of this Chapter, which has continued as the same use to the present, and which does not comply with all the applicable regulations of this Chapter. See s. 510-61 of the zoning code details.

This website has a database of known nonconforming uses. Click to open. 
Odor Except for food preparation and cooking odors emanating from residential land uses, and odors associated with property development and maintenance (such as construction, lawn care, and the painting and roofing of structures), no odor shall be created for periods exceeding a total of 15 minutes per any day which are detectable (by a healthy observer such as the Zoning Administrator or a designee who is unaffected by background odors such as tobacco or food) at the boundary of the subject property, where said lot abuts property within any residential, office, or business zoning district, or the Light Industrial (LI) district. (See s. 510-102)
Official Map The Village Board has adopted an Official Map pursuant to s. 62.23(6), Wis. Stats. This map shows the location of current and proposed municipal improvement sites and existing and planned street right-of-ways. When land is subdivided, the official map shows where streets are intended to connect to other streets and other parcels. Additionally, the Village’s official map should be reviewed when determining density and intensity to identify planned capital facilities and dedication requirements, including schools, parks, stormwater management facilities, and street improvements which may affect the subject property. 
Other Approvals The person undertaking a development project has the responsibility to obtain all applicable permits and other approvals as may be required by the village, Walworth County, and federal and state authorities as may be required. In other words, don't assume that because you have village approval no other permitting is required.
Outdoor Lighting The Village has adopted a number of standards to regulate the spill-over of light and glare on operators of motor vehicles, pedestrians, and land uses in the vicinity of a light source in order to promote traffic safety and to prevent the creation of nuisances. Standards relate to the height of the lamp fixture, light trespass along property boundary lines, and maximum lighting levels for certain types of land uses. See s. 510-95 of the zoning code for more details.
Shoreland Overlay District As required by state statues, the Village established a Shoreland Overlay District to control vegetation removal within 35 feet of the water's edge (ordinary high-water mark) and placement of buildings. See s. 510-70 of the zoning code.
Shoreland-Wetland Overlay District As required by state statues, the Village has established a Shoreland-Wetland Overlay District. Certain wetlands are regulated within the shoreland area which includes land within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds, or flowages and within 300 feet of the ordinary high-water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. See s. 510-71 of the zoning code.
Signage Sign regulations are intended to control the installation, design, and safe construction of signage within the Village of East Troy to ensure that signs are compatible with surrounding land uses, are well maintained, and express the identity of individual proprietors and the Village as a whole. Regulations relating to signs are found in Article XV.
Traffic Impact Analysis The Village may require that the person proposing a large development complete a traffic impact analysis consistent  with the most current revision of the Traffic Impact Analysis Guidelines published by the Wisconsin Department of Transportation. 

See s. 510-109(D)(4) of the zoning code for additional details.
Truck Loading Areas Any land use that has a gross floor area of 6,000 square feet or more, and which requires deliveries or makes shipments from large trucks, needs to provide off-street loading facilities. See s. 510-94 of the zoning code for all of the requirements.
Utilities New buildings and building expansions need to be served by various types of infrastructure. As a general rule new development must be served by municipal sewer and water. On-site septic systems may be allowed in the RH-35 zoning district. (Need to Verify.)
Vibration Standards Because there are certain land uses that could potentially cause ground vibrations, the Village has established standards to limit vibrations to an acceptable level.

See s. 510-99 of the zoning code for details.