Village of East Troy

Registration of a Nonconforming Use

Description: There may be now or in the future certain uses of land that do not comply with the existing zoning regulations, but which were legally established. These uses are referred to as “legal nonconforming uses,” and consistent with the provisions of Article IX are allowed to continue to operate. For this reason, it is necessary to document those uses that are considered legal nonconforming. Registration of a use as a legal nonconforming use establishes (1) when the use was first established; (2) that the use at the time of establishment complied with the Village’s zoning regulations in effect at the time, if any; (3) that the use has continued continuously, without cessation of more than 12 continuous months; and (4) the nature of the use when the use became nonconforming. The procedures and requirements in this section are intended to comply with § 60.61(5)(d), Wis. Stats.

Initiation: Any of the following may submit an application to register a specific land use as a legal nonconforming use: (1) a person having a financial interest in the subject property or in the use occurring on the property; (2) the zoning administrator; (3) the Plan Commission; or (4) the Village Board, or any member thereof.

Decision-maker(s): Plan Commission makes a recommendation and the Village Board makes the final decision

Application Fee

There is no fee, but the applicant is responsible for all professional chargeback fees related to the review the application.

Upcoming Meetings

There are no upcoming dates at this time.

Statistics

Submit Application

Are you Ready?

Do you have a PDF of your completed application form and other required materials?

Yes No

If no, the application form is posted on this page.

Frequently Asked Questions

+ -

What is a determination of completeness?

When we receive a development application, staff will review the materials to make sure the application submittal is complete and ready for formal review. If an application submittal is not complete, staff will notify the applicant and describe the parts that are not complete.

A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

+ -

Can a decision of the Village Board be appealed?

Yes; appeals are made to the circuit court and generally must be filed with the court soon after the decision has been made.

+ -

What is a professional chargeback fee?

For some types of development reviews, the Village charges the applicant for the time spent by the Village engineer, attorney, planner, or other professional in reviewing their application. In that way, Village taxpayers aren't paying for the cost of development activities. Invoices are mailed to the applicant as the Village incurs such costs.

+ -

The review process for a development application includes a public hearing. What's that?

A public hearing is intended to allow the petitioner the opportunity to describe their proposed project and interested parties the opportunity to share their concerns with the reviewing authority. While all public comments are welcome, speakers should focus on those elements of the project that are within the review authority's scope of authority. Consistent with established policies, public comments may be limited in duration to make sure everyone can be heard.

+ -

If I submit an application and it is not approved, can I get my application fee back?

Application fees are not refundable. They are intended to cover the costs necessary to review the application.

View all Frequently Asked Questions

Primary Staff Contact

Orrin Sumwalt, Zoning Administrator

(414) 336-7915

[email protected]

About Reviewers

The following are involved in the review of this type of application.

The Village Board is the governing body of the Village of East Troy and is responsible for making decisions on local policies, budgets, and ordinances. The board also reviews certain types of development projects. The board consists of 7 members who are elected to two-year terms. One member serves as the president.

The Plan Commission is a 7-member body established by the Village Board to review certain development projects and act on other matters. Depending on the type of the development proposal, the commission may be advisory to the Village Board or have the authority to make the final decision. Two members also serve on the Village Board; the remaining members are village residents who are appointed by the Village President and confirmed by the Village Board.

Planning staff provides technical support to the Village Board, Plan Commission, Zoning Board of Appeals, developers, neighbors, and other interested parties to facilitate the development review process.

___________________________

Everyone involved in reviewing development projects help ensure they align with Village regulations and long-term planning goals to foster positive growth and development.

Zoning Code Portal | Permit Center | Registration of a Nonconforming Use