This chapter shall be known, cited, and referred to as the "Village
of East Troy Zoning Ordinance," except where as referred to herein,
where it shall be known as "this chapter."
This chapter is enacted pursuant to the authority granted by
the State of Wisconsin Statutes. Specific statutory references are
provided within the body of this chapter solely as a means of assisting
the reader. Such references are not to be considered as all inclusive
and shall in no manner be construed so as to limit the application
or interpretation of this chapter. State law references: §§ 62.23(7),
62.231, and 87.30, Wis. Stats.
This chapter is adopted for the purpose of protecting the health,
safety, morals, comfort, convenience, and general welfare of the public.
This chapter is designed to control and lessen congestion in the streets;
to secure safety from fire, panic, and other dangers; to promote adequate
light and air; to protect groundwater resources; to prevent the overcrowding
of land; to avoid undue concentration of population; to preserve,
protect, and promote property values; to facilitate the adequate provision
of transportation, water, sewerage, schools, parks, and other public
facilities; and to preserve burial sites as defined in § 157.70(1)(b),
Wis. Stats. It is also the intent of this chapter to implement certain
goals and objectives of the Village of East Troy Comprehensive Plan
which are best addressed through zoning approaches, as enabled by
Wisconsin Statutes.
A.Â
It is hereby declared to be the intention of the Village of East
Troy Village Board that the provisions of this chapter are separable
in accordance with the following:
(1)Â
If
any court of competent jurisdiction shall adjudge any provision of
this chapter to be invalid, such judgment shall not affect any other
provisions of this chapter not specifically included in said judgment.
(2)Â
If
any court of competent jurisdiction shall adjudge invalid the application
of any portion of this chapter to a particular property, water, building,
or structure, such judgment shall not affect the application of said
provision to any other property, water, building, or structure not
specifically included in said judgment.
(3)Â
If
any requirement or limitation attached to an authorization given under
this chapter is found invalid, it shall be presumed that the authorization
would not have been granted without the requirement or limitation
and, therefore, said authorization shall also be invalid.
B.Â
The Village does not guarantee, warrant, or represent that only those
areas designated as floodplain will be subject to periodic inundation
and hereby asserts that there is no liability on the part of the Village,
its officers, employees, agents, or representatives for any flood
damages, sanitation problems, or structural damages.
It is not intended that this chapter abrogate or interfere with
any constitutionally protected vested right. It is also not intended
that this chapter abrogate, repeal, annul, impair, or interfere with
any existing easements, covenants, deed restrictions, agreements,
rules, regulations, or permits previously adopted or issued pursuant
to law.
A.Â
In their interpretation and application, the provisions of this chapter
shall be held to be the minimum requirements for the promotion of
the public health, safety, morals, and welfare and shall be liberally
construed in favor of the Village and shall not be construed to be
a limitation or repeal of any other power now possessed by the Village
of East Troy.
B.Â
Where property is affected by the regulations imposed by any provision
of this chapter and by other governmental regulations, the regulations
which are more restrictive or which impose higher standards or requirements
shall prevail. Regardless of any other provision of this chapter,
no land shall be developed or used, and no structure erected or maintained,
in violation of any state or federal regulations. Where there are
conflicts between or among regulations within this chapter, the regulations
which are more restrictive or which impose higher standards or requirements
shall prevail. In all instances where there are conflicts between
the text of this chapter and any tables or figures of this chapter,
the text shall prevail.
C.Â
No structure, land, water, or air shall hereafter be used and no
structure or part thereof shall hereafter be located, erected, moved,
reconstructed, extended, enlarged, converted, or structurally altered
without a building permit, except structures not requiring a building
permit (e.g., swing set, clothesline, etc.), and without full compliance
with the provisions of this chapter and all other applicable local,
county, and state regulations.
D.Â
Nothing herein contained shall require any changes in plans, construction,
size, or designated use of any building or part thereof for which
a building permit has been issued before the effective date of this
chapter and the construction of which shall have been started within
one year from the date of such permit.
E.Â
Except as provided in this chapter, under provisions for nonconforming uses, nonconforming developments, nonconforming lots, and nonconforming structures and buildings (see Article IX), no building, structure, development, or premises shall be hereinafter used or occupied, and no applicable permit granted, that does not conform to the requirements of this chapter. In cases of mixed occupancy or mixed use, the regulations for each land use shall apply to the portion of the structure or land so occupied or so used.[1]
This chapter is applicable to all territory located within the
corporate limits of the Village of East Troy.
A.Â
This chapter, in part, carries forward by reenactment some of the
provisions of the regulations governing zoning and related matters
previously known collectively as the "Zoning Code," Title 13 of the
Code of Ordinances for the Village of East Troy, adopted prior to
the effective date of this chapter. It is not the intention of this
chapter to repeal but rather to reenact and continue in force such
existing provisions so that all rights and liabilities that have accrued
thereunder are preserved and may be enforced, unless explicitly surrendered
by specific provisions of this chapter or altered by the Official
Zoning Map.
B.Â
All provisions of Title 13 of the Village of East Troy Code of Ordinances
which are not reenacted herein are hereby repealed.
C.Â
The adoption of this chapter shall not adversely affect the Village's
right to prosecute any violation of the predecessor Zoning Code, provided
that the violation occurred while that chapter was in effect.
This chapter shall become effective upon passage and posting
according to law, following the date of repeal and reenactment of
the Official Zoning Map. All plans approved under previous zoning
regulations shall be valid and may be used to obtain permits for a
period of not more than one year after the effective date of this
chapter, except where subject to developer agreement provisions.
The interpretation of this chapter shall abide by the provisions
and rules of this section, except where the context clearly requires
otherwise, or where the result would clearly be inconsistent with
the apparent intent of this chapter.
A.Â
Words used or defined in one tense or form shall include other tenses
and derivative forms.
B.Â
Words in the singular number shall include the plural number, and
words in the plural number shall include the single number.
C.Â
The masculine gender shall include the feminine, and vice versa.
D.Â
The words "shall," "must," and "will" are mandatory.
E.Â
The words "may," "can," and "might" are permissive.
F.Â
The word "person" includes individuals, firms, corporations, partnerships,
associations, trusts, and any other legal entity.
G.Â
The word "Village" shall mean the Village of East Troy, Wisconsin.
H.Â
The word "county" shall mean the County of Walworth, Wisconsin.
I.Â
The word "state" shall mean the State of Wisconsin.
J.Â
The words "Plan Commission" shall mean the Village of East Troy Plan
Commission.
K.Â
The words "Village Board" shall refer to the Village of East Troy
Board of Trustees.
L.Â
If there is any ambiguity between the text of this chapter and any
illustration or figure, the text shall control.
The following abbreviations in this chapter are intended to
have the following meanings:
|
Abbreviation
|
Meaning
|
|---|---|
|
CUP
|
Conditional use permit
|
|
ft
|
Foot
|
|
GSA
|
Gross site area
|
|
GSR
|
Green space ratio
|
|
LSR
|
Landscape surface ratio
|
|
MBS
|
Maximum building size
|
|
MGD
|
Maximum gross density
|
|
MLA
|
Minimum lot area
|
|
MSA
|
Minimum site area
|
|
N/A
|
Not applicable
|
|
NDA
|
Net developable area
|
|
RPA
|
Resource protection area
|
|
sq. ft.
|
Square feet
|
|
Wis. Stats.
|
Wisconsin Statutes
|
The following words, terms and phrases, wherever they occur
in this chapter, shall have the meanings ascribed to them by this
section. Definitions provided by this section include:
Having a common border with or being separated from such
common border by an alley or easement.
A means of providing vehicular or nonvehicular egress from
or ingress to a property, highway, or private roadway.
A condition of immediate physical connection resulting from
a highway, alley, or private road abutting a property.
A dwelling established in conjunction with and clearly subordinate
to the principal dwelling unit. Accessory dwelling units are typically
located at the rear of a lot and above an attached or detached alley-loaded
garage that serves the primary residence.
A use or structure subordinate to, and serving, the principal
use or structure on the same lot and customarily incidental thereto.
Forty-three thousand five hundred sixty square feet.
Any walled and roofed expansion to the perimeter and/or height
of a building in which the addition is connected by a common load-bearing
wall. Any walled and roofed addition connected by a fire wall or separated
by independent perimeter load-bearing walls is new construction.
A public or private right-of-way usually of reduced width
as compared to a street, primarily intended to provide a secondary
means of access to the side or rear of an abutting property fronting
upon another street right-of-way and not for the use of through traffic.
A measure which represents a common denominator for the purpose
of defining a husbandry or intensive agricultural land use. The animal
unit measure relates to the maximum carrying capacity of one acre
of land and is related to the amount of feed various species consume
and the amount of waste they produce. The following figure indicates
the number of common farm species which comprise a single animal unit:
|
Figure 510-12: Animal Units
| |
|---|---|
|
Type of Livestock
|
Number of Animals/Animal Unit
|
|
Horse (> 2 years)
|
1
|
|
Colt (< 2 years)
|
2
|
|
Cattle (> 2 years)
|
1
|
|
Cattle (< 2 years)
|
2
|
|
Calves (< 1 year)
|
5
|
|
Brood sow or boar
|
2
|
|
Hogs (up to 220 pounds)
|
3
|
|
Sheep
|
10
|
|
Lambs
|
14
|
|
Chickens: egg layers
|
30
|
|
Chickens: fryers
|
60
|
|
Turkeys
|
50
|
|
Source: The Stockman's Handbook
|
Communications equipment that transmits and receives electromagnetic
radio signals and is used in the provision of mobile services. [Note:
This definition is based on the corresponding definition in § 66.0404,
Wis. Stats.]
[Added 5-15-2017 by Ord.
No. 2017-08]
A means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this chapter as expressly authorized by the provisions of § 510-152.
See "street, arterial."
The average level of the finished surface of the ground adjacent
to the exterior walls of a building or structure.
A portion of a building located partly underground but having
1/2 or less of its floor to ceiling height below the average grade
of the adjoining ground.
A room in a residence marketed or designed primarily for
sleeping.
A variance which is automatically granted by a provision
of this chapter in order to reduce the creation of legal nonconforming
developments.
As defined in § 30.01(1d), Wis. Stats., a structure
used for the storage of watercraft and associated materials which
has one or more walls or sides.
[Amended 6-15-2015 by Ord. No. 2015-02]
Any permitted combination of distance, vegetation, fencing,
and berming which results in a reduction of visual and other interaction
with an adjoining property.
A roofed structure intended for the shelter, housing, or
enclosure of persons, animals, or chattels.
A building which:
Is subordinate to and serves a principal structure or a principal
use;
Is subordinate in area, extent, and purpose to the principal
structure or use served;
Is located on the same lot as the principal structure or use
served except as otherwise expressly authorized by provisions of this
chapter; and
Is customarily incidental to the principal structure or use.
Any portion of a principal building devoted or intended to be devoted
to an accessory use is not an accessory building.
The percentage of a lot covered by principal and accessory
buildings, including all structures with a roof.
The exterior wall of a building that faces the front lot
line of the lot.
The vertical distance from the average elevation of the adjoining
ground level to the top of the cornice of a flat roof, the deckline
of a mansard roof, or the average height of a gable, gambrel, hip,
or pitch roof. As used in this chapter, "average roof height" is the
wall height plus 1/2 of the roof height. When one or more dormers
with side walls exceeds 50% of the linear wall width immediately below
the dormer(s), the wall height extends from the ground to the top
of such dormer wall.
[Amended 12-18-2017 by Ord. No. 2017-19]
A line on a lot, generally parallel to a lot line or public
or private road right-of-way line, located a sufficient distance from
either to provide the minimum yards required by this chapter. The
building line determines the area in which buildings are permitted
subject to all applicable provisions of this chapter. This is also
referred to as a "setback."
A building in which the main or principal use of the lot
is conducted.
The narrowest distance between two buildings (see "minimum
building separation").
The total gross floor area of a building (see "maximum building
size").
The combination of building height, size, and location on
a lot.
The diameter of a tree, measured at a point six inches above
the ground if the resulting measurement is not more than four inches.
If the resulting measurement is more than four inches, the measurement
is taken 12 inches above the ground.
[Amended 10-17-2016 by Ord. No. 2016-13]
An open-sided, roofed vehicle shelter, usually formed by
extension of the roof from the side of a building that meets the building
code.
That portion of the building having more than 1/2 of the
floor-to-ceiling height below the average grade of the adjoining ground.
A tree that would occupy the uppermost canopy of a forest
in a natural ecological situation (e.g., hickory, oak, maple, etc.).
See "street, collector."
Any motor vehicle used for business or institutional purposes
or having painted thereon or affixed thereto a sign identifying a
business or institution or a principal product or service of a business
or institution. Agricultural equipment used as part of a permitted
agricultural principal use shall not be considered as a commercial
vehicle.
The impression which an area makes in regard to the type,
intensity, density, quality, appearance, and age of development.
The Comprehensive Plan of the Village of East Troy, Wisconsin,
and as subsequently amended.
A land use which requires a conditional use permit in order
to develop.
See "start of construction."
A structure that has no roof or walls and is considered part
of a building or structure.
The transfer of property interest from private to public
ownership for a public purpose. The transfer may be of fee simple
interest or of a less than fee simple interest, including an easement.
A term used to describe the number of dwelling units per
acre.
The legal or beneficial owner(s) of a lot or parcel of any
land proposed for inclusion in a development.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any buildings; any use or change in
use of any buildings or land; any extension of any use of land; or
any clearing, grading, or other movement of land, for which permission
may be required pursuant to this chapter.
The type of residential or nonresidential development as
categorized by the proportion of the site devoted to permanently protected
green space.
The area of land where site disruption will occur, including
building areas, paved areas, yard and septic system areas, and other
areas of nonnative vegetation.
The removal of surface water or groundwater from land by
drains, grading, or other means. "Drainage" includes the control of
runoff to minimize erosion and sedimentation during and after development
and the means necessary for water supply preservation or prevention
or alleviation of flooding.
One or more artificial ditches, tile drains, or similar devices
which collect surface runoff or groundwater and convey it to a point
of discharge.
A building or one or more portions thereof, containing one
or more dwelling units, but not including habitations provided in
nonresidential uses such as lodging uses and commercial campgrounds.
A dwelling joined to another dwelling at one or more sides
by a shared wall or walls.
A dwelling entirely surrounded by open space on the same
lot.
A room or group of rooms providing or intended to provide
permanent living quarters for not more than one family.
The narrowest distance between two dwelling units (see "minimum
dwelling unit separation").
Written authorization, recorded in the Register of Deeds
office, from a landowner authorizing another party to use any designated
part of the landowner's property for a specified purpose.
Any fill, structure, building, use, or development that advances
beyond proper limits.
Any facility, temporary or permanent, which is reasonably
expected to abate, reduce or aid in the prevention, measurement, control
or monitoring of noise, air or water pollutants, solid waste and thermal
pollution, radiation or other pollutants, including facilities installed
principally to supplement or to replace existing property or equipment
not meeting or allegedly not meeting acceptable pollution control
standards, or which are to be supplemented or replaced by other pollution
control facilities.
When used in the context of telecommunication facilities,
the area surrounding or adjacent to the base of an existing support
structure within which are located mobile service facilities. [Note:
This definition is based on the corresponding definition in § 66.0404,
Wis. Stats.
[Added 5-15-2017 by Ord.
No. 2017-08]
The detachment and movement of soil or rock fragments by
water, wind, ice, and/or gravity.
Facilities that are:
Owned or maintained by public utility companies or public agencies.
Located in public ways or in easements provided for the purpose
or on a customer's premises and not requiring a private right-of-way;
Reasonably necessary for the furnishing of adequate water, sewer,
gas, electric, communication, or similar services to adjacent customers;
and
Not including any cross-country line on towers.
The entire building front including the parapet.
When used in the context of telecommunication facilities,
the area over which a mobile support structure is designed to collapse.
[Note: This definition is based on the corresponding definition in
§ 66.0404, Wis. Stats.]
[Added 5-15-2017 by Ord.
No. 2017-08]
An individual or two or more persons, each related by blood,
marriage, or adoption or guardianship, living together as a single
housekeeping unit, or a group of not more than four persons not so
related, maintaining a common household in which bathrooms, kitchen
facilities, and living quarters are shared.
Any building, other than a dwelling unit, used for storing
agricultural equipment or farm produce or products, having livestock
or poultry, or processing dairy products.
The portion of the floodplain outside of the floodway.
The land area susceptible to inundation by water as a result
of a flood.
Measures designed to prevent and reduce flood damage for
those uses which cannot be removed from or which of necessity must
be created in the floodplain, ranging from structural modifications
through installation of special equipment or materials to operation
and management safeguards, such as the following: reinforcing of basement
walls; underpinning of floors; permanent sealing of all exterior openings;
use of masonry construction; erection of permanent watertight bulkheads,
shutters, and doors; treatment of exposed timbers; elevation of flood-vulnerable
utilities; use of waterproof cement; adequate fuse protection; sealing
of basement walls; installation of sump pumps; placement of automatic
swing check valves; installation of seal-tight windows and doors;
installation of wire-reinforced glass; location and elevation of valuable
items; waterproofing, disconnecting, elevation or removal of all electrical
equipment; avoidance of the use of flood-vulnerable areas; temporary
removal or waterproofing of merchandise; postponement of orders or
rescheduling of freight shipments; operation of emergency pump equipment;
closing of backwater seer valve; placement of plugs and flood drain
pipes; placement of movable watertight bulkheads; and the shoring
of weak walls or structures. Floodproofing of structures shall be
extended at least to a point two feet above the elevation of the regional
flood. Any structure that is located entirely or partially below the
flood protection elevation shall be anchored to protect it from larger
floods.
The channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry the regional floodwaters.
The sum of the gross horizontal areas of the floors of a
building, including interior balconies, mezzanines, basements, and
attached accessory buildings, stairs, escalators, unenclosed porches,
detached accessory buildings utilized as dead storage, heating and
utility rooms, and inside off-street parking or loading space. Measurements
shall be made from the outside of the exterior walls and to the center
of interior walls.
The ratio calculated by dividing the total floor area of
all buildings on a site by the gross site area (see "maximum floor
area ratio").
A unit of illumination produced on a surface, all points
of which are one foot from a uniform point source of one candle.
A detached accessory building or portion of the principal
building, including a carport, which is used primarily for storing
passenger vehicles, trailers, or one truck of a rated capacity not
in excess of 10,000 pounds. Garages do not include temporary enclosures.
The brightness of a light source which causes eye discomfort.
The percentage of the gross site area which is preserved
as permanently protected green space. Green space ratio is calculated
by dividing the area of permanently protected green space by the gross
site area.[2]
The result of dividing the number of dwelling units located
on a site by the gross site area (see "maximum gross density").
The total floor area on all levels of a building.
The total area of a site available for inclusion in calculations
of the maximum permitted density or intensity of development.
Publication or posting meeting the requirements of Ch. 985,
Wis. Stats. A Class 1 notice, published once at least 10 days prior
to public hearing, is the minimum required for appeals. A Class 2
notice, published twice, once each week consecutively, the last at
least 10 days before the public hearing, is the minimum required for
all zoning ordinances and amendments, including map amendments.
See "building height."
Areas designed and installed to prohibit infiltration of
stormwater. Homes, buildings, and other structures with roofs, as
well as concrete, brick, stone, asphalt, gravel, and similar paved
surfaces, are considered impervious.
A measure of the intensity of land use, determined by dividing
the total of all impervious surfaces on a site by the gross site area.
A term used to describe the amount of gross floor area or
landscaped area on a lot or site compared to the gross area of the
lot or site.
Those lands lying within the following distances from the
ordinary high-water mark of navigable waters: 1,000 feet from a lake,
pond, or flowage or 300 feet from a river or stream or to a landward
side of the floodplain, whichever distance is greater. Lakeshores
shall not include those lands adjacent to farm drainage ditches where:
The area of a site which is planted and continually maintained
in vegetation, including grasses, flowers, herbs, garden plants, native
or introduced ground covers, shrubs, bushes, and trees. The landscaped
area includes the area located within planted and continually maintained
landscaped planters.
The percentage of the gross site area or lot area which is
preserved as permanently protected landscaped area.[3]
The type of development and/or activity occurring on a piece
of property.
A parcel of land that is undivided by any street or private
road, is occupied by or designated to be developed for one building
or principal use, and contains the accessory buildings or uses customarily
incidental to such building, use, or development, including such open
spaces and yards as designed and arranged or required by this chapter
for such building, use, or development.
The area contained within the property boundaries of a recorded
lot.
A lot situated at the junction of and abutting on two or
more intersection streets or a lot at the point of deflection in alignment
of a continuous street, the interior angle of which does not exceed
135°.
The average distance between the front lot line and the rear
lot line of a lot.
Lot width measured at the street lot line. When a lot has
more than one street lot line, lot width shall be measured and the
minimum lot width required by this chapter shall be provided at each
such line.
A lot other than a corner lot.
The property line (including the vertical plane established
by the line and the ground) bounding a lot, except that where any
portion of a lot extends into the public right-of-way or a proposed
public right-of-way, the line of such public right-of-way shall be
the lot line for applying this chapter.
A lot line which abuts a public or private street right-of-way.
In the case of a lot which has two of more street frontages, the lot
line along the street from which the house is addressed shall be the
front lot line. (See also "lot line, street side.")
In the case of rectangular or most trapezoidal-shaped lots,
that lot line which is parallel to and most distant from the front
lot line of the lot. In the case of an irregular, triangular, or gore-shaped
lot, a line 20 feet in length, entirely within the lot, parallel to
and at the maximum possible distance from the front line shall be
considered to be the rear lot line. In the case of lots which have
frontage on more than one road or street, the rear lot line shall
be selected by the property owner.
Any boundary of a lot which is not a front lot line, a street
side lot line, or a rear lot line.
Any lot line which abuts a public or private street right-of-way
which is not the front lot line (see also "lot line, front").
A platted lot or lot described in a certified survey map
or in a metes and bounds description which has been approved by the
Village or by Walworth County and has been recorded in the office
of the Register of Deeds.
A lot which has a pair of opposite lot lines abutting two
substantially parallel streets (one or more of which may be a portion
of a cul-de-sac). Except for through lots which abut an arterial or
nonresidential collector street, through lots shall be prohibited
under the provisions of this chapter.
The maximum horizontal distance between the side lot lines
of a lot, measured parallel to the front lot lines and at the required
front yard setback (see "minimum lot width").
[Amended 10-17-2016 by Ord. No. 2016-13]
A dwelling unit that is constructed in an off-site facility
in conformance with the federal construction and safety standards
established by the Secretary of Housing and Urban Development pursuant
to the Manufactured Housing Construction and Safety Standards Act
of 1974, as amended. (Note: A manufactured home bears a red insignia
which certifies that it meets all applicable federal construction
and safety standards.)
[Amended 6-15-2015 by Ord. No. 2015-02]
The largest permitted total gross floor area a building may
contain (see "building size").
The largest amount of floor area permitted on a lot (see
"floor area ratio").
The maximum number of dwelling units permitted per acre of
gross site area (see "gross density").
The highest portion of any structure (see "building height").
The narrowest permitted building separation.
The narrowest permitted dwelling unit separation.
The lowest permitted landscape surface ratio (see "landscape
surface ratio").
The minimum size lot permitted within the specified zoning
district and development option.
The smallest permissible lot width for the applicable dwelling
unit type or nonresidential development option.
The narrowest distance permitted from a street, side, or
rear property line to a structure.
The minimum gross site area in which the specified development
option may occur (see "gross site area").
Some combination of residential, commercial, industrial,
office, institutional, and/or other land uses within a district or
development.
A dwelling unit that was originally constructed prior to
June 15, 1976, and that is constructed off site, equipped with the
necessary utility service connections, made to be readily movable
as a unit or units on its (their) own running gear, and designed to
be used with or without a permanent foundation. (Note: After June
15, 1976, no mobile homes have been constructed.)
[Added 6-15-2015 by Ord.
No. 2015-02]
A radio communication service carried on between mobile stations
or receivers and land stations, and by mobile stations communicating
among themselves, and includes:
[Added 5-15-2017 by Ord.
No. 2017-08]
Both one-way and two-way radio communication services;
A mobile service which provides a regularly interacting group
of base, mobile, portable, and associated control and relay stations
(whether licensed on an individual, cooperative, or multiple basis)
for private one-way or two-way land mobile radio communications by
eligible users over designated areas of operation; and
Any service for which a license is required in a personal communications
service established pursuant to the proceeding entitled "Amendment
to the Commission's Rules to Establish New Personal Communications
Services" (GEN Docket No. 90-314; ET Docket No. 92-100), or any successor
proceeding.
|
[Note: This definition is based on the corresponding definition
in § 66.0404, Wis. Stats.]
|
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, power supplies, cabling, and
associated equipment, that is necessary to provide mobile service
to a discrete geographic area, but does not include the underlying
support structure. [Note: This definition is based on the corresponding
definition in § 66.0404, Wis. Stats.]
[Added 5-15-2017 by Ord.
No. 2017-08]
A person who provides mobile service. [Note: This definition
is based on the corresponding definition in § 66.0404, Wis.
Stats.]
[Added 5-15-2017 by Ord.
No. 2017-08]
A dwelling unit that meets local building codes and which
was constructed off site in a factory as separate modules which are
joined together and set on a permanent foundation.
[Added 6-15-2015 by Ord.
No. 2015-02]
The municipal water supply of the Village of East Troy.
All natural inland lakes, rivers, streams, ponds, sloughs,
flowages, and other waters within the territorial limits of Wisconsin,
including the Wisconsin portion of boundary waters, which are navigable
under the laws of Wisconsin. The Wisconsin Supreme Court has declared
navigable all bodies of water with a bed differentiated from adjacent
uplands and with levels of flow sufficient to support navigation by
a recreational craft of the shallowest draft on an annually recurring
basis. For the purposes of this chapter, rivers and streams will be
presumed to be navigable if they are designated as either continuous
or intermittent waterways on the United States Geological Survey quadrangle
maps until such time that the Wisconsin Department of Natural Resources
has made a determination that the waterway is not, in fact, navigable.
The area of a site which may be disturbed by development
activity. "Net developable area" is the result of subtracting required
resource protection area (RPA) from the gross site area.
Any building or other structure which was lawfully existing
under ordinances or regulations preceding this chapter but which would
not conform to this chapter if the building or structure were to be
erected under the provisions of this chapter.
A lawful development approved under ordinances or regulations
preceding the effective date of this chapter but which would not conform
to this chapter if the development were to be created under the current
provisions of this chapter.
A lot of record which lawfully existed prior to this chapter
which would not conform to the applicable regulations if the lot were
to be created under the current provisions of this chapter.[4]
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.[5]
An active and actual use of land, buildings, or structures
which was lawfully existing 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.
Material capable of causing injury to living organisms by
chemical reaction or capable of causing detrimental effects on the
physical or economic well-being of individuals.
An operation in which trees are raised as a crop to be replaced
with more trees after harvesting.
The map adopted and designated by the Village as being the
Official Map pursuant to § 62.23(6), Wis. Stats., which
shows current and proposed municipal improvement sites and rights-of-way.
The map adopted and designated by the Village as being the Official Zoning Map. See § 510-15.
Located on the lot in question, except in the context of
on-site detention, when the term means within the boundaries of the
development site as a whole.
The degree to which vision is blocked by bufferyard. "Opacity"
is the proportion of a bufferyard's vertical plane which obstructs
views into an adjoining property.
The point on the bank or shore of a body of water up to which
the presence and action of surface water are so continuous as to leave
a distinctive mark, such as by erosion, destruction or prevention
of terrestrial vegetation, predominance of aquatic vegetation, or
other easily recognized characteristics.
Permanently protected green space areas which are not constrained
by one of the protected natural resources (i.e., wetlands, floodplains,
steep slopes, lakeshores, and woodlands). Examples include portions
of private lots, outlots, or parcels commonly held by a property owners'
association which are deed restricted from site disruption.
A zoning district which imposes uniform restrictions on all
properties within its area which are in addition to the restrictions
specific to the standard zoning districts.
The person, persons, or entity having the right of legal
title to a lot or parcel of land.
The extension of a false front or wall above the roofline.
The area within the boundary lines of a lot.
Criterion established to control and limit the impacts generated
by, or inherent in, uses of land or buildings.
An area in which site disruption and/or development is strictly
limited.
The Plan Commission of the Village of East Troy.
A designed grouping of varied and compatible land uses, such
as housing, recreation, commercial, and industrial parks, all within
one contained development or subdivision.
A covered platform, usually having a separate roof, at an
entrance to a dwelling, or an open or enclosed gallery or room, which
is not heated or cooled, that is attached to the outside of a building.
A portable, weather-resistant storage container designed
and used for the temporary storage or shipment of materials, household
goods, wares, or merchandise.
See "building, principal."
Any and all of the primary uses of a property treated as
a use permitted by right or as a conditional use (rather than as an
accessory use or a temporary use).
Resources such as floodways, flood-fringes, floodplain, conservancy
areas, wetlands, woodlands, steep slopes, and lakeshores which are
protected by the provisions of this chapter.
Any improvement, facility, or service, together with customary
improvements and appurtenances thereto, necessary to provide for public
needs, such as streets, roads, alleys, or pedestrian walks or paths;
storm sewers; flood-control improvements; water supply and distribution
facilities; sanitary sewage disposal and treatment; and public utility
and energy services.
Includes the Village of East Troy sewer system and other
forms of sewer systems approved by the Wisconsin Department of Natural
Resources and maintained by a public agency authorized to operate
such systems.
[Amended 6-15-2015 by Ord. No. 2015-02]
A strip of land with tracks and auxiliary facilities for
track operation, but not including freight depots or stations, loading
platforms, train sheds, warehouses, car or locomotive shops, or car
yards.
See "lot of record."
A motorized wheeled vehicle used for camping or other recreational
activities.
A flood which is representative of large floods known to
have generally occurred in the state. The flood frequency of the regional
flood is once every 100 years; this means that in any given year,
there is a one-percent chance that the regional flood may occur or
be exceeded.
The area of a site which may not be disturbed by development
activity and which must also be reserved as permanently protected
green space. The required resource protection area is the result of
subtracting the net developable area (NDA) from the gross site area
(GSA).
A regulation imposed by this chapter is more (less) restrictive
than another if it prohibits or limits development to a greater (lesser)
extent or by means of more (less) detailed specifications.
A term used to describe the gross floor area, height, or
volume of a single structure or group of structures.
When used in the context of telecommunication facilities,
a shape drawn on a map to indicate the general area within which a
mobile service support structure should be located to meet radio frequency
engineering requirements, taking into account other factors including
topography and the demographics of the service area. [Note: This definition
is based on the corresponding definition in § 66.0404, Wis.
Stats.]
[Added 5-15-2017 by Ord.
No. 2017-08]
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity, or other natural means
as a result of erosion.
The shortest distance between the exterior of a building
or structure and the nearest point on the referenced lot line (see
"minimum setback").
A driveway that serves two adjoining parcels and that is
generally centered on the shared lot line.
[Added 11-20-2017 by Ord.
No. 2017-15]
 |
Lands within the following distances from the ordinary high-water
mark of navigable waters: 1,000 feet from a lake, pond or flowage
and 300 feet from a river or stream or to the landward side of the
floodplain, whichever distance is greater.
An area extending from the ordinary high-water mark of navigable
water bodies landward for a horizontal distance of 35 feet.
[Added 7-21-2014 by Ord.
No. 2014-07]
A building setback requirement extending from the ordinary
high-water mark of navigable water bodies landward for a horizontal
distance of 50 feet.
[Added 7-21-2014 by Ord.
No. 2014-07]
See "gross site area."
A dwelling unit that meets the Wisconsin Uniform Dwelling
Code standards and which was largely constructed on site. Also known
as a "conventional home" or "stick-built home."
[Amended 6-15-2015 by Ord. No. 2015-02]
Any fence which cannot be seen through. Such fences include
basket-weave fences, stockade fences, plank fences, and similar fences.
The date the building permit is issued, provided that the
actual start of activity was within 365 calendar days of the permit
date. The actual start of activity means either the first placement
of permanent construction of a structure on the site, such as the
pouring of a slab or footings, the installation of piles, or the construction
of columns. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for basement,
footings, piers, or foundations; nor does it include the erection
of temporary forms; nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occupied as dwelling
units or part of the main structure.
Areas which contain a gradient of 12% or greater.
That portion of a building included between the surface of
any floor and the surface of the floor next above or, if there is
no floor above, the space between the floor and the ceiling next above.
Neither a basement nor a cellar shall be counted as a story.
Unless specifically designated otherwise by the Village,
any public or private way that is dedicated or permanently open to
pedestrian and vehicular use.
Street which provides primary access to and through an area.
It has a secondary function of providing access to abutting land and
to collector and local streets.
Street which disperses traffic throughout an area and provides
access to abutting properties.
Street which provides access to individual properties.
A local street serving primarily to collect traffic originating
directly from residential driveways and private residential courts
and streets.
A collector street serving primarily residential land uses
which primarily serves to connect local residential streets to collector
or arterial streets.
Anything constructed or erected, the use of which requires
a more or less permanent location on the ground, or attached to something
having a permanent location on the ground, excepting public utility
fixtures and appurtenances.
See "nonconforming lot."
[Amended 6-15-2015 by Ord. No. 2015-02]
[Added 5-15-2017 by Ord.
No. 2017-08]
When used in the context of telecommunication facilities, the
modification of a mobile service support structure, including the
mounting of an antenna on such a structure, that does any of the following:
For structures with an overall height of 200 feet or less, increases
the overall height of the structure by more than 20 feet, except as
provided below.
For structures with an overall height of more than 200 feet,
increases the overall height of the structure by 10% or more, except
as provided below.
Measured at the level of the appurtenance added to the structure
as a result of the modification, increases the width of the support
structure by 20 feet or more, unless a larger area is necessary for
co-location, except as provided below.
Increases the square footage of an existing equipment compound
to a total area of more than 2,500 square feet.
An activity is not a substantial modification under Subsection A(1) and (2) above if a greater height is necessary to avoid interference with an existing antenna. Furthermore, an activity is not a substantial modification under Subsection A(3) above if a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable.
|
[Note: This definition is based on the corresponding definition
in § 66.0404, Wis. Stats.]
|
An existing or new structure that supports or can support
a mobile service facility, including a mobile service support structure,
utility pole, water tower, building, or other structure. [Note: This
definition is based on the corresponding definition in § 66.0404,
Wis. Stats.]
[Added 5-15-2017 by Ord.
No. 2017-08]
A linear depression in land running downhill or having a
marked change in contour direction in which sheet runoff would collect
and form a temporary watercourse.
A land use which is present on a property for a limited and
specified period of time.
The circumstance where special conditions affecting a particular
property, which were not self-created, have made strict conformity
with restrictions governing areas, setbacks, frontage, height, or
density unnecessarily burdensome or unreasonable in light of the purposes
of this chapter.
Those areas in and around existing communities which are
most suitable for urban development and capable of being provided
with a full range of urban services.
Those additional public services normally provided or needed
in urban areas, including public water supply and distribution systems,
sanitary sewerage systems, police and fire protection, solid waste
collection, urban storm drainage systems, streets with curbs and gutters,
streetlighting, neighborhood facilities such as parks and schools,
and urban transportation facilities such as sidewalks and trails,
on-street bicycle lanes, taxi service, and mass transit.
The purpose or activity for which land or any building thereon
is designed, arranged, or intended or for which it is occupied or
maintained.
See "accessory use."
See "conditional use."
See "principal use."
In the context of telecommunication facilities, a structure owned or operated by an alternative telecommunications utility, as defined in § 196.01(1d), Wis. Stats.; a public utility, as defined in § 196.01(5), Wis. Stats.; a telecommunications utility, as defined in § 196.01(10), Wis. Stats.; a city, village, town, or county; or a cooperative association organized under Ch. 185, Wis. Stats.; and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in § 182.017(1g)(cq), Wis. Stats.; for video service, as defined in § 66.0420(2)(y), Wis. Stats.; for electricity; or to provide light. [Note: This definition is based on the corresponding definition in § 66.0404, Wis. Stats.]
[Added 5-15-2017 by Ord.
No. 2017-08]
Permission to depart from the literal requirements of this chapter, granted pursuant to § 510-161.
A piece of land used primarily for the purpose of locating
wells to supply a municipal water system.
An area that is saturated by surface water or groundwater,
with vegetation adapted for life under those soil conditions. See
also § 23.32(1), Wis. Stats.
Any filling, flooding, draining, dredging, ditching, tiling,
excavating, temporary water level stabilization measures or dike and
dam construction in a wetland area.
Plants of all types typically growing in and associated with
a wetland.
[Added 7-21-2014 by Ord.
No. 2014-07]
Areas of trees whose combined canopies cover a minimum of
80% of an area of one acre or more, as shown on United States Geological
Survey (USGS) 7.5 minute topographic maps for the Village of East
Troy and its environs.
Perennial plants having hard lignified tissues or woody parts,
especially stems.
[Added 7-21-2014 by Ord.
No. 2014-07]
A required open space on a lot, which is unoccupied and unobstructed
by a structure from its lowest ground level to the sky, except as
expressly permitted in this chapter. A yard shall extend along a lot
line and at right angles to such lot line to a depth or width specified
in the setback regulations for the district in which such lot is located.
A yard extending along the full width of the front lot line
between side lot lines and extending from the abutting front street
right-of-way line to the face of the building.
[Amended 10-17-2016 by Ord. No. 2016-13]
A yard extending along the full width of the rear lot line
between the side lot lines and extending from the rear lot line to
the face of the building.
[Amended 10-17-2016 by Ord. No. 2016-13]
A yard extending along the side lot line between the front
and rear yards, from the side lot line to the face of the building.
[Amended 6-15-2015 by Ord. No. 2015-02; 10-17-2016 by Ord. No. 2016-13]
The person authorized and charged by the Village with the
administration of this chapter.
