Village of East Troy, WI
Walworth County
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Table of Contents
Table of Contents
The purpose of this article is to establish overlay zoning districts wherein certain additional requirements are superimposed on the underlying standard zoning districts set forth in Articles II, III, IV and V of this chapter. Each overlay district is intended to address a special land use circumstance beyond those addressed by the underlying zoning district. Special requirements include mandatory protections against natural hazards, mandatory protections of valued natural resources, special design guidelines, and measures to ensure compatibility with airport flight operations. Each overlay district is intended to implement one or more aspects of the Comprehensive Plan and to ensure compliance with federal and state requirements. Any nonconforming situation (lot, use, structure and/or site) shall adhere to the provisions of Article IX.
A given property may lie within one or more overlay zoning districts based on its geographic location. The provisions of this article are intended to be consulted before issuance of any building permit, site plan approval, conditional use permit, zoning permit, zoning change, or land division to ensure the intended use meets all of the requirements of any applicable overlay district, in addition to the underlying standard zoning district (see Articles II, III, IV and V). For each overlay district established in this article, a definition of the resource or geographic area is provided, followed by the specific purposes of the protective regulations governing the resource or geographic location, the method of delineating the boundaries of the overlay district, and the mandatory development regulations.
[Amended 7-21-2014 by Ord. No. 2014-07]
For the purpose of this chapter, the overlay zoning districts listed below are hereby established:
AHR
Airport Height Restriction
FP
Floodplain
S
Shoreland
SW
Shoreland-Wetland
GP
Groundwater Protection
NFC
Natural Features Conservancy
DD
Downtown Design
PD
Planned Development
[Amended 12-16-2019 by Ord. No. 2019-18]
Except where otherwise indicated in this article, the overlay zoning districts are represented on the Official Overlay Zoning Map adopted and from time to time amended by the Village of East Troy.[1]
[1]
Editor's Note: The Official Overlay Zoning Map is on file at the office of the Village Clerk.
A. 
Purpose. This 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. Regulations of the AHR District apply to all properties within the AHR District regardless of ownership. The AHR District is intended to prevent or more closely regulate buildings, structures, and fixtures to ensure safe landing, takeoff, and maneuvering of aircraft within the vicinity of the airport.
B. 
Height regulations. The following regulations shall apply to the Airport Height Restriction District:
(1) 
The determination of the overall height of a building, structure, or fixture within the AHR District shall include any appurtenance installed thereon (see also "building height" under § 510-12).
(2) 
Height limitation zones. Except as otherwise provided in this article, no structure shall be constructed, altered, or located or permitted to remain after such construction, alteration, or location at a height in excess of the height limitation indicated on the Height Limitation Zoning Map, East Troy Municipal Airport, Walworth County, Wisconsin, dated November 17, 1988, which is hereby adopted and made part of this chapter.
(3) 
All lighting fixtures within the AHR District, including building and pole-mounted, shall be full cutoff fixtures and shall not exceed 12 feet in height.
(4) 
Trees, shrubs, bushes, and other plants shall not exceed 20 feet in height. The Zoning Administrator and/or Building Inspector shall have the right to trim, prune, or remove, at the owner's expense, any plant which was planted after adoption of this chapter and found to be in violation of the height restriction for the zone in which it is located.
(5) 
Exemptions from height regulations. The restrictions contained in Subsection B(2) above shall not apply to objects which are less than 35 feet in height above ground level at the object site within 1/2 mile of the airport boundary or to structures less than 50 feet in height above the ground within the area beginning 1/2 mile from the airport boundary extending to three miles from the airport boundary.
C. 
Nonconforming buildings, structures and fixtures.
(1) 
The regulations prescribed in Subsection B above shall not be construed to require the removal, lowering, or other changes or alterations of any nonconforming buildings, structures, fixtures, or uses or otherwise interfere with the continuance of any such nonconformity, except as provided in Subsection D below.
(2) 
Nothing herein contained shall require any change in construction, alteration, or intended use of any structure, if the construction or alteration of such was begun prior to September 3, 1996, and if such is diligently prosecuted. This section shall not interfere with the removal of nonconformities by purchase or the use of eminent domain.
(3) 
Before nonconformities may be replaced, altered, or rebuilt, a permit shall be applied for and secured in the manner prescribed under Subsection D below authorizing such change, replacement, or repair. No such permit shall be denied if the structure will not become a greater hazard to air navigation than it was on the effective date of this article or than it was when the application for permit was made.
D. 
Permits. No structure that exceeds the height limitations indicated in Subsection B shall be constructed, erected or installed, or be permitted to remain, in any zone created by Subsection B until the applicant has applied for and been granted a building permit. Said permit shall be posted in a prominent place on the premises prior to and during the construction period, erection, installation, or establishment. Application for such permit shall indicate the use for which the permit is desired and shall describe and locate the use with sufficient particularity to permit the Zoning Administrator and/or Building Inspector to determine whether such use would conform to the regulations herein prescribed. If such determination is in the affirmative, the Zoning Administrator and/or Building Inspector shall issue the permit applied for.[1]
[1]
Editor's Note: Original § 13-1-85, Floodplain Overlay District, which immediately followed this section, was repealed 8-18-2014 by Ord. No. 2014-09. See now Art. XVIII, Floodplain Overlay District.
[Added 7-21-2014 by Ord. No. 2014-07]
A. 
Legislative findings. The Village Board makes the following legislative findings relating to the Shoreland Overlay District:
(1) 
Villages are required by § 61.353, Wis. Stats., to adopt shoreland zoning regulations meeting the minimum standards set forth in that section by July 1, 2014.
(2) 
Uncontrolled use of the shorelands and pollution of the navigable waters of the municipality would adversely affect the public health, safety, and general welfare and impair the tax base.
B. 
Purpose. This section promotes the public health, safety, and welfare and is intended to:
(1) 
Further the maintenance of safe and healthful conditions and prevent and control water pollution.
(2) 
Protect spawning grounds, fish, and aquatic life by controlling the removal of shoreline vegetation.
(3) 
Control the placement of principal buildings by establishing setbacks from waterways.
(4) 
Preserve shore cover and natural beauty by:
(a) 
Restricting the removal of natural shoreland cover;
(b) 
Preventing shoreline encroachment by structures;
(c) 
Controlling shoreland excavation and other earthmoving activities; and
(d) 
Regulating the use and placement of boathouses and other structures.
C. 
Boundary of district. The Shoreland Overlay District includes land located within 1,000 feet of the ordinary high-water mark of a navigable lake, pond, or flowage or within 300 feet of the ordinary high-water mark of a navigable river or stream or to the landward side of the one-hundred-year floodplain, whichever distance is greater. Any feature designated as a lake or as a stream on the Zoning Map has been determined to be navigable for the purpose of this section. The Flood Insurance Rate Maps adopted under § 510-167 of this chapter are used in determining the extent of the one-hundred-year floodplain.
D. 
Vegetation management within shoreline buffer zone. Woody vegetation not located in a wetland and woody and nonwoody vegetation in a wetland located in the shoreline buffer zone (i.e., 35 feet landward from the ordinary high-water mark) shall not be removed, except as described in this subsection. Vegetation listed by the Wisconsin Department of Natural Resources as an invasive species under Ch. NR 40, Wis. Adm. Code, may be removed, provided that the property owner reestablishes vegetation within the shoreline buffer zone consistent with a management plan approved by the Plan Commission. Vegetation may be removed to create and maintain a viewing/access corridor no more than 30 feet wide for every 100 feet of shoreline frontage.
E. 
Shoreline setback.
(1) 
Principal buildings shall be no closer than 50 feet to the ordinary high-water mark, except that a lesser setback is allowed if all of the following apply:
(a) 
The principal building is constructed or placed on a lot or parcel of land that is immediately adjacent on each side to a lot or parcel of land containing a principal building.
(b) 
The principal building is constructed or placed within a distance equal to the average setback of the principal building on the adjacent lots or 35 feet from the ordinary high-water mark, whichever distance is greater.
(2) 
Accessory buildings shall comply with the setback standards for principal buildings described in this subsection, except that a boathouse may be constructed within 35 feet of the ordinary high-water mark as set forth in Subsection F below.
Figure 510-70: Shoreline Setback Requirements (Sample Graphic)
510 Shoreline Setback Reqs.tif
Key:
Lot 1
The principal building is existing and is more than 50 feet from the ordinary high-water mark (OHWM).
Lot 2
The lot is vacant. Because the lots on both sides have a principal building, setback averaging may be used, but the setback may not be less than 35 feet. In the instance depicted above, the setback would be calculated as follows: (50 feet plus the actual distance of the building on Lot 3) divided by two.
Lot 3
The principal building is existing and is less than 50 feet from the ordinary high-water mark.
Lot 4
The lot is vacant. A principal building on this lot must comply with the fifty-foot setback requirement because setback averaging does not apply (i.e., a principal building is only on one side).
Lot 5
The lot is vacant.
F. 
Boathouses. A boathouse constructed within the Shoreland Overlay District shall comply with each of the following requirements:
(1) 
The boathouse shall be located in the viewing/access corridor as allowed in Subsection D above.
(2) 
The boathouse shall be designed and constructed solely for the storage of watercraft and related equipment; human habitation is strictly prohibited.
(3) 
One boathouse is permitted on a lot as an accessory structure.
(4) 
The boathouse shall not be constructed where the existing slope is more than 20%.
(5) 
The boathouse shall not be closer than five feet to the ordinary high-water mark of the stream or lake on which it fronts. A boathouse shall not be closer than five feet to a side lot line.
(6) 
If the boathouse is located, in whole or in part, within the Floodplain Overlay District, all applicable standards of that district shall apply.
(7) 
The boathouse shall not exceed 12 feet in height at the roof peak above the original grade or final grade as measured on the side facing the water body.
(8) 
The floor area of the boathouse shall not exceed 450 square feet.
(9) 
The boathouse must have an appropriate door or double-wide doors facing the water body for the purpose of entry and exit for watercraft. French, patio, or glass doors are prohibited.
(10) 
The boathouse may contain plumbing for two sinks and one toilet, provided that such fixtures are connected to an approved wastewater system. Showers and/or bathtubs are prohibited.
A. 
Statutory authorization. This section is authorized pursuant to §§ 61.35, 61.351, 87.30 and 281.31, Wis. Stats.
B. 
Findings of fact. Uncontrolled use of the shoreland-wetlands and the pollution of the navigable waters of the Village of East Troy would adversely affect the public health, safety, convenience and general welfare and impair the tax base. The Wisconsin Legislature has delegated responsibility to all municipalities to:
(1) 
Promote the public health, safety, convenience, and general welfare.
(2) 
Maintain the stormwater and floodwater storage capacity of wetlands.
(3) 
Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters.
(4) 
Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat.
(5) 
Prohibit certain uses detrimental to the shoreland-wetland areas.
(6) 
Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling, and other earthmoving activities.
C. 
Compliance. The use of wetlands and the alteration of wetlands within the shoreland-wetland area of the Village of East Troy shall be in full compliance with the terms of this section and other applicable local, state, or federal regulations.
D. 
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with shoreland-wetland regulations and obtain all necessary permits. State agencies are required to comply if § 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance, and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when § 30.2022, Wis. Stats., applies.
E. 
Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, ordinances, or permits previously adopted or issued pursuant to law. However, wherever this section imposes greater restrictions, the provisions of this section shall govern.
F. 
Interpretation. In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by Wisconsin Statutes. Where a provision of this section is required by a standard in Ch. NR 117, Wis. Adm. Code, and where the provision in this section is unclear, the provision shall be interpreted in light of the Chapter NR 117 standards in effect on the date of the adoption of this section or in effect on the date of the most recent text amendment to this section.
G. 
Shoreland-wetland zoning maps. The following are hereby adopted and made part of this section and are on file with the Zoning Administrator: Wisconsin wetland inventory map stamped "Final" on July 7, 1987 (and any amendments thereto), and the Floodplain Zoning Map (see § 510-167).
H. 
Boundary. The Shoreland-Wetland District includes all wetlands in the Village of East Troy which are five acres or more and are shown on the wetland inventory map that has been adopted and made a part of this section and which are:
(1) 
Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds, or flowages. Lakes, ponds, or flowages in the Village of East Troy shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps.
(2) 
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. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps.
I. 
Determination of navigability. Determinations of navigability and ordinary high-water mark shall initially be made by the Zoning Administrator. When questions arise, the Zoning Administrator shall contact the appropriate district office of the Wisconsin Department of Natural Resources (WisDNR) for the final determination of navigability or ordinary high-water mark.
J. 
Discrepancies. When an apparent discrepancy exists between the SW District boundary shown on the Wisconsin wetland inventory map or the Floodplain Zoning Map and the actual field conditions, the Zoning Administrator shall contact the appropriate district office of the WisDNR to determine if the SW District boundary as mapped is in error. If WisDNR staff concur with the Zoning Administrator that a particular area was incorrectly mapped as a shoreland or wetland, the Zoning Administrator shall have the authority to immediately grant or deny a zoning or building permit in accordance with the regulations applicable to the underlying standard zoning district. In order to correct shoreland and/or wetland mapping errors or acknowledge filled wetlands designated in Subsection K, the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
K. 
Filled wetlands. Wetlands which were filled prior to July 2, 1987, the date on which the Village received final wetland inventory maps, in a manner which affects their wetland characteristics, to the extent that the area can no longer be defined as wetland, are not subject to this section.
L. 
Permitted uses. The following uses are permitted subject to the provisions of Chs. 30 and 31, Wis. Stats., and the provisions of other local, state, and federal laws, if applicable:
(1) 
Activities and uses which do not require the issuance of a zoning permit, provided that no wetland alteration occurs:
(a) 
Hiking, fishing, trapping, hunting, swimming, snowmobiling, or boating.
(b) 
Harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops.
(c) 
Practice of silviculture, including the planting, thinning and harvesting of timber.
(d) 
Pasturing of livestock.
(e) 
Cultivation.
(f) 
Construction and maintenance of duck blinds.
(2) 
Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below:
(a) 
The practice of silviculture, including limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected.
(b) 
The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries.
(c) 
The maintenance and repair of existing drainage to restore preexisting levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible.
(d) 
The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance.
(e) 
The construction and maintenance of piers, docks and walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance.
(f) 
The installation and maintenance of sealed tiles for the purpose of draining lands outside the Shoreland-Wetland Zoning District, provided that such installation or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the shoreland and/or wetland.
(g) 
The maintenance, repair, replacement, and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement, or reconstruction.
(3) 
Uses which are allowed upon the issuance of a zoning permit and which may include wetland alterations only to the extent specifically provided below:
(a) 
The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services, or to provide access to uses permitted in this section, provided that:
[1] 
The road cannot, as a practical matter, be located outside the wetland.
[2] 
The road shall be designed and constructed to minimize the adverse impact upon the natural functions of the wetland.
[3] 
The road shall be designed and constructed with the minimum cross-sectional area practical to serve the intended use.
[4] 
Road construction activities shall be carried out in the immediate area of the roadbed only.
[5] 
Any wetland alteration must be necessary for the construction or maintenance of the road.
(b) 
The construction and maintenance of nonresidential buildings, provided that:
[1] 
The building is used solely in conjunction with a use permitted in the SW District or for the raising of waterfowl, minnows or other wetland or aquatic animals.
[2] 
The building cannot, as a practical matter, be located outside the wetland.
[3] 
The building shall not exceed 500 square feet in floor area.
[4] 
Only limited filling and excavating necessary to provide structural support for the building shall be permitted.
(c) 
The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves, and public boat launching ramps, provided that:
[1] 
Any private development allowed under this subsection shall be used exclusively for the permitted purpose.
[2] 
Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures are allowed.
[3] 
The construction and maintenance of roads necessary for the uses permitted under this subsection are allowed only where such construction and maintenance meet the criteria in Subsection L(3)(a) above.
[4] 
Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.
(d) 
The construction and maintenance of electric and telephone transmission lines, gas and water distribution lines, and sewage collection lines and related facilities and the construction and maintenance of railroad lines, provided that:
[1] 
The utility transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland.
[2] 
Only limited filling or excavating necessary for such construction or maintenance shall be permitted.
[3] 
Such construction or maintenance shall be done in a manner designed to minimize the adverse impact upon the natural functions of the wetland.
M. 
Prohibited uses. Any use not listed in Subsection L of this section is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this section in accordance with Subsection O.
N. 
Nonconforming structures and uses. The lawful use of a building, structure, or property which existed at the time this section, or an applicable amendment to this section, took effect and which is not in conformity with the provisions of this section, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:
(1) 
The shoreland-wetland provisions of this chapter, authorized by § 61.351, Wis. Stats., shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure or of any environmental control facility related to such a structure in existence on the effective date of the shoreland-wetland provisions. All other modifications to nonconforming structures are subject to § 62.23(7)(h), Wis. Stats., which limits total lifetime structural repairs and alterations to 50% of current fair market value.
(2) 
If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, any future use of the building, structure or property shall conform to the appropriate provisions of this section.
(3) 
Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of this section adopted under § 62.231 or 61.351, Wis. Stats., may be continued although such use does not conform to the provisions of this section; however, such nonconforming use may not be extended.
(4) 
The maintenance and repair of nonconforming boathouses which are located below the ordinary high-water mark of any navigable waters shall comply with the requirements of § 30.121, Wis. Stats.
(5) 
Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.
O. 
Amending shoreland-wetland regulations. The Village Board may alter, supplement, or change the district boundaries and the regulations contained in this section in accordance with the requirements of § 62.23(7)(d), Wis. Stats., Ch. NR 117, Wis. Adm. Code, and the following:
(1) 
A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the WisDNR within five days of the submission of the proposed amendment to the Village Plan Commission.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the Plan Commission and a public hearing shall be held as required by § 62.23(7)(d), Wis. Stats. The appropriate district office of the WisDNR shall be provided with written notice of the public hearing at least 10 days prior to such hearing.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
In order to ensure that the shoreland protection objectives in § 281.31, Wis. Stats., will be accomplished by the amendment, the Village Board may not rezone a wetland in a SW District, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following:
(a) 
Stormwater and floodwater storage capacity.
(b) 
Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland.
(c) 
Filtering or storage of sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters.
(d) 
Shoreline protection against soil erosion.
(e) 
Fish spawning, breeding, nursery, or feeding grounds.
(f) 
Wildlife habitat or areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.
(4) 
Where the district office of the WisDNR determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Subsection O(3) above, the WisDNR shall so notify the Village of its determination either prior to or during the public hearing held on the proposed amendment.
(5) 
The appropriate district office of the WisDNR shall be provided with a copy of the recommendations and report, if any, of the Plan Commission on the proposed text or map amendment within 10 days after the submission of those recommendations to the Village Board and written notice of the Village Board's action on the proposed text or map amendment within 10 days after the action is taken.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(6) 
If the WisDNR notifies the Plan Commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection O(3) above, that proposed amendment, if approved by the Village Board, may not become effective until more than 30 days have elapsed since written notice of the Village Board approval was mailed to the WisDNR, as required by Subsection O(5) of this section. If, within the thirty-day period, the WisDNR notifies the Village Board that the WisDNR intends to adopt a superseding shoreland-wetland zoning ordinance for the Village under §§ 62.231(6) and 61.351(6), Wis. Stats., the proposed amendment may not become effective until the ordinance adoption procedure under §§ 62.231(6) and 61.351(6), Wis. Stats., is completed or otherwise terminated.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
P. 
Enforcement and penalties. Any development, building, structure, or accessory building or structure constructed, altered, added to, modified, rebuilt, or replaced or any use or accessory use established after the effective date of this section in violation of the provisions of this section by any person, firm, association, or corporation (including building contractors or their agents) shall be deemed a violation.
(1) 
The Zoning Administrator shall refer violations to the Village Board and the Village Attorney, who shall prosecute such violations. Any person, firm, association or corporation who or which violates or refuses to comply with any of the provisions of this section shall be subject to a penalty as provided in § 510-153 of this chapter, together with the taxable costs of such action.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Each day of continued violation shall constitute a separate offense. Every violation of this section is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the Village, the state or any citizen thereof pursuant to § 87.30(2), Wis. Stats.
[Amended 4-21-2014 by Ord. No. 2014-04]
A. 
Purpose. The residents of the Village of East Troy depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this Groundwater Protection (GP) Overlay District is to institute land use regulations and restrictions protecting the municipal water supply of the Village of East Troy and to promote the public health, safety, and general welfare.
B. 
Authority. Statutory authority of the Village to enact these regulations was established by the Wisconsin Legislature in 1983, Wisconsin Act 410, effective May 11, 1984, which specifically added groundwater protection, in §§ 59.69(1) and 62.23(7)(c), Wis. Stats., to the statutory authorization for county and municipal planning and zoning to protect the public health, safety, and general welfare.
C. 
Definition. The GP Overlay District encompasses the area of land which contributes water to the well out to a line delineating the five-year time of travel to the well. Time of travel delineations must be based upon accepted hydrogeological research as outlined in the State Wellhead Protection Program Plan for Public Water Utilities, Appendix 2, with zoning boundaries normalized to road center lines, railways, surface water features, public land survey section lines (i.e., 1/2, 1/4, 1/8 or 1/16 section lines), existing property lines, or a stated distance from the aforementioned lines.
D. 
Boundary. The boundary of the GP Overlay District is established by this chapter and is depicted on the Zoning Map.
E. 
Groundwater Technical Review Committee. The Groundwater Technical Review Committee shall consist of the Village Administrator, Zoning Administrator, Village Engineer, and Director of Public Works. The purpose of the Groundwater Technical Review Committee is to provide objective and scientific technical review of requests for conditional use permits and make recommendations to the Plan Commission to grant or deny conditional use permits based upon the facts discovered in that review, to make recommendations on any and all conditions placed on a conditional use permit, and to give advice on matters concerning groundwater.
[Amended 12-16-2019 by Ord. No. 2019-18]
F. 
Separation distance requirements. The following separation distances, as specified in § NR 811.12, Wis. Adm. Code, shall be maintained, provided that the use is otherwise allowed in the standard zoning district in which it is located:
(1) 
Ten feet between a well and an emergency or standby power system that is operated by the same facility which operates the well and that has a double wall aboveground storage tank with continuous electronic interstitial leakage monitoring. These facilities shall meet the installation requirements of § ATCP 93.260, Wis. Adm. Code, and receive written approval from the Wisconsin Department of Safety and Professional Services or its designated Local Program Operator under § ATCP 93.110, Wis. Adm. Code.
(2) 
Fifty feet between a well and a storm sewer main or a sanitary sewer main where the sanitary sewer main is constructed of water main class materials and joints. Gravity sanitary sewers shall be successfully air pressure tested in place. The air pressure test shall meet or exceed the requirements of the four psi low-pressure air test for plastic gravity sewer lines found in the latest edition of Standard Specifications for Sewer and Water Construction in Wisconsin. Force mains shall be successfully pressure tested with water to meet the AWWA (American Water Works Association) C600 pressure and leakage testing requirements for one hour at 125% of the pump shutoff head.
(3) 
Two hundred feet between a well and any sanitary sewer main not constructed of water main class materials, sanitary sewer manhole, lift station, one- or two-family residential heating fuel oil underground storage tank or aboveground storage tank or private on-site wastewater treatment system (POWTS) treatment tank or holding tank component and associated piping.
(4) 
Three hundred feet between a well and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it. These installations shall meet the most restrictive installation requirements of § ATCP 93.260, Wis. Adm. Code, and receive written approval from the Wisconsin Department of Safety and Professional Services or its designated Local Program Operator under § ATCP 93.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.
(5) 
Three hundred feet between a well and any farm aboveground storage tank with double wall, or single wall tank with other secondary containment and under a canopy, other aboveground storage tank system with double wall, or single wall tank with secondary containment and under a canopy, and with electronic interstitial monitoring for a double wall tank or electronic leakage monitoring for a single wall tank secondary containment structure. These installations shall meet the most restrictive installation requirements of § ATCP 93.260, Wis. Adm. Code, and receive written approval from the Wisconsin Department of Safety and Professional Services or its designated Local Program Operator under § ATCP 93.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.
(6) 
Four hundred feet between a well and a private on-site wastewater treatment system (POWTS) treatment dispersal component with a design capacity of less than 12,000 gallons per day, a cemetery, or a stormwater retention or detention pond.
(7) 
Six hundred feet between a well and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it; any farm aboveground storage tank with double wall, or single wall tank with other secondary containment and under a canopy; or other aboveground storage tank system with double wall, or single wall tank with secondary containment and under a canopy, and with electronic interstitial monitoring for a double wall tank or electronic leakage monitoring for a single wall tank secondary containment structure. These installations shall meet the standard double wall tank or single wall tank secondary containment installation requirements of § ATCP 93.260, Wis. Adm. Code, and receive written approval from the Wisconsin Department of Safety and Professional Services or its designated Local Program Operator under § ATCP 93.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.
(8) 
One thousand feet between a well and land application of municipal, commercial, or industrial waste; the boundaries of a landspreading facility for spreading of petroleum-contaminated soil regulated under Ch. NR 718, Wis. Adm. Code, while that facility is in operation; agricultural, industrial, commercial or municipal wastewater treatment plant treatment units, lagoons, or storage structures; manure stacks or storage structures; or private on-site wastewater treatment system (POWTS) treatment dispersal component with a design capacity of 12,000 gallons per day or more.
(9) 
One thousand two hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one-time disposal or small demolition facility; sanitary landfill; any property with residual groundwater contamination that exceeds Ch. NR 140, Wis. Adm. Code, enforcement standards; coal storage area; salt or deicing material storage area; any single wall farm underground storage tank or single wall farm aboveground storage tank; or other single wall underground storage tank or aboveground storage tank that has or has not received written approval from the Wisconsin Department of Safety and Professional Services or its designated Local Program Operator under § ATCP 93.110, Wis. Adm. Code, for a single wall tank installation. These requirements apply to tanks containing gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances and bulk pesticide or fertilizer handling or storage facilities.
G. 
Permitted uses. The following permitted uses are subject to the separation distance requirements in Subsection F above:
(1) 
Public and private parks, playgrounds, and beaches, provided that there are no on-site wastewater disposal systems or holding tanks.
(2) 
Wildlife and natural and woodland areas.
(3) 
Biking, hiking, skiing, nature, equestrian and fitness trails.
(4) 
Residential land uses which are connected to the municipal sanitary sewer system.
(5) 
Single-family residences on a minimum lot of 20,000 square feet with a private on-site sewage treatment system receiving less than 8,000 gallons per day which meets the county and state health standards for the effluent and is in conformance with Ch. SPS 383, Wis. Adm. Code.
(6) 
Routine tillage, planting, and field management operations in support of agricultural crop production where nutrients from legume, manure, and commercial sources are accounted for and credited towards crop nutrient need. The combination of all nutrient sources applied or available on individual fields may not exceed University of Wisconsin soil test recommendations for that field.
(7) 
Commercial and industrial establishments which are connected to the municipal sanitary sewer system.
(8) 
Residential land uses containing aboveground liquid propane gas tanks for heating, provided that the tank does not exceed 1,000 gallons.
H. 
Prohibited uses.
(1) 
The method of regulation by prohibition of certain uses is employed to provide the greatest assurance that inadvertent discharge of pollutants into the groundwater supply will not occur, since such an event would result in almost certain contamination of the public water supply and costly mitigation or remediation for which liability is difficult or impossible to establish.
(2) 
The prohibited uses, activities, or structures inside the GP Overlay District include:
(a) 
Cemeteries;
(b) 
Buried hydrocarbon, petroleum or hazardous chemical storage tanks (e.g., identified by OSHA criteria under 40 CFR Part 370);
(c) 
Dry cleaners;
(d) 
Chemical manufacturers (Standard Industrial Classification Major Group 28);
(e) 
Coal storage;
(f) 
Landfills and any other solid waste facility, except post-consumer recycling;
(g) 
Stockyards and feedlots;
(h) 
Manure and animal waste storage, except animal waste storage facilities regulated by the county;
(i) 
Nonmetallic earthen materials extraction or sand and gravel pits;
(j) 
Pesticide and fertilizer dealer, transfer, or storage;
(k) 
Railroad yards and maintenance stations;
(l) 
Rendering plants and slaughterhouses;
(m) 
Salt or deicing material storage;
(n) 
Industrial lagoons and pits;
(o) 
Septage or sludge spreading, storage or treatment;
(p) 
Private on-site wastewater treatment systems or holding tanks receiving 8,000 gallons per day or more;
(q) 
Stormwater infiltration basins without pretreatment, including vegetative filtration and/or temporary detention;
(r) 
Salvage yards or junkyards;
(s) 
Motor vehicular services, including filling and service stations, repair, renovation, and body working;
(t) 
Wood preserving operations; and
(u) 
Hazardous, toxic, or radioactive materials transfer and storage.
I. 
Conditional uses. Any person may request a conditional use permit for certain uses, activities and structures otherwise prohibited by Subsection H within the GP Overlay District if these uses, activities, and structures are outside of the required separation distances listed in Subsection F. Procedures for review and approval of conditional use permits in the GP Overlay District shall be the same as those outlined in § 510-157 of this chapter, in addition to the following requirements:
(1) 
An environmental assessment report prepared by a licensed environmental engineer which details the risk to, and potential impact of, the proposed use, activities, and structures on groundwater quality.
(2) 
An operational safety plan which details the operational procedures for material processes and containment, best management practices, stormwater runoff management and groundwater monitoring.
(3) 
A contingency plan which addresses, in detail, the actions that will be taken should a contamination event caused by the proposed uses, activities, or structures occur.
J. 
Nonconforming uses and structures. Existing facilities within the GP Overlay District at the time of enactment of said district that may cause or threaten to cause environmental pollution, including but not limited to those listed on the WisDNR's Inventory of Sites or Facilities Which May Cause or Threaten to Cause Environmental Pollution, Wisconsin Department of Safety and Professional Services' list of underground storage tanks, list of facilities with hazardous solid waste permits, and all other facilities which are considered a prohibited use in Subsection H or a conditional use in Subsection I, shall adhere to the following additional requirements:
(1) 
Such facilities as above which exist within the district at the time of enactment of a district shall provide copies of all current, revised, or new federal, state, and local facility operation approvals, permits or certificates, operational safety plans, and ongoing environmental monitoring results to the Village for review by the Groundwater Technical Review Committee.
(2) 
Such facilities as above which exist within the district at the time of enactment of a district shall have the responsibility of devising, filing, and maintaining with the Village a current contingency plan which details how they intend to respond to any emergency which may cause or threaten to cause environmental pollution that occurs at their facility, including notifying municipal, county, and state officials.
(3) 
Such facilities as above cannot engage in or employ a use, activity, or structure listed as a prohibited use in Subsection H or a conditional use in Subsection I which they did not engage in or employ at the time of enactment of a district and can only expand, replace, or rebuild those present uses, activities, equipment, or structures on the site or property of record associated with the facility at the time of enactment of a district and in a manner that improves the environmental and safety technologies already being utilized. No existing use, activity, or structure listed as a prohibited use or conditional use shall be expanded, replaced, or rebuilt unless a conditional use permit is granted for such expansion, replacement, or rebuilding. This subsection does not apply to normal maintenance or minor repairs.
(4) 
If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, any future use of the building, structure or property shall conform to the appropriate provisions of this chapter.
K. 
Changing technology.
(1) 
The uses prohibited by the GP Overlay District are prohibited based upon the combined pollution experience of many individual uses and the technology generally employed by a particular use considered to be of a high risk for pollution to the groundwater resource. As the technology of other uses changes to low- or non-risk materials or methods, upon petition from such use, after conferring with the Groundwater Technical Review Committee or other expert opinion, and after appropriate public notice and hearing, the Village, through appropriate procedures and amendments to this chapter, may remove from the designated prohibited uses list such uses that are convincingly demonstrated to no longer pose a groundwater pollution hazard.
(2) 
In dealing with uses which attempt to become permissible under the terms of this district by continuing to utilize pollutant materials by altering their processing, storage, and/or handling, it is not the intention to accept alternate or reduced hazards as the basis for making a use permissible. It is the intention to continue a prohibition on such uses until the technology of the use removes reliance upon the pollutant materials or processes deemed to be a groundwater hazard.
L. 
Enforcement and penalty. Any person who violates, neglects, or refuses to comply with any of the provisions of this section shall be subject to a penalty as provided in § 510-153 of this chapter.
(1) 
In addition to any other remedy, the Village of East Troy may seek an injunction or restraining order against the party alleged to have violated the provisions herein, the cost of which shall be charged to the defendant in such action.
(2) 
As a substitute for and in addition to any other action, the Village of East Troy may commence legal action against both the person who releases the contaminants and the owner of the facility the contaminants were released from to recover the costs of cleanup together with the costs of prosecution. Any person who causes the release of any contaminants which may endanger or contaminate the municipal water supply system associated with a GP Overlay District shall immediately cease such discharge and immediately initiate cleanup satisfactory to the Village of East Troy and other state and federal regulatory agencies. The person who releases such contaminants and the person who owns the facility the contaminants have been released from shall be jointly and solely responsible for the cost of cleanup, consultant or other contractor fees, including all administrative costs for oversight, and review and documentation, including the Village employees, equipment, and mileage.
A. 
Purpose. This district is intended to be used to preserve, protect, enhance, and restore areas of rough topography and areas where depressions in the terrain alternate with small hills, forming kettle and kame topography. Regulation of these areas will serve to protect unique topographic features from encroachment by urban development, control erosion and sedimentation, and promote and maintain the beauty of the Village.
B. 
Permitted uses. The following uses are permitted in the NFC District:
(1) 
Agricultural uses when conducted in accordance with County Soil and Water Conservation District standards.
(2) 
Fishing, hunting, and forest and game management.
(3) 
Park and recreational use.
(4) 
Preservation of scenic, historic, and scientific areas.
(5) 
Sustained yield forestry.
(6) 
Harvesting of wild crops.
(7) 
Water retention and wildlife preserves.
(8) 
Hiking and nature trails.
C. 
Conditional uses. None.
D. 
Permitted accessory uses. Nonhabitable structures associated with a permitted use.
E. 
Lot area and width. No minimum lot area or lot width required.
F. 
Building height and area. No principal building or parts of a principal building shall exceed 35 feet in height. The sum total of the ground level area of all buildings or structures shall not exceed 1% of the total area of a parcel in the NFC District.
G. 
Setback and yards. There shall be a minimum building setback of 45 feet from the right-of-way of all streets. There shall be two side yards. Each side yard shall be not less than 30 feet in width. There shall be a rear yard of not less than 35 feet.
H. 
Special regulations. To encourage uses that are compatible with the residential character of the Village of East Troy, zoning permits for permitted uses in the NFC District shall not be issued without prior review by and approval of the Plan Commission. Said review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading, and landscape plans.
[Amended 10-17-2016 by Ord. No. 2016-13]
This district is intended to implement the urban design recommendations of the Comprehensive Plan by attaining a consistent, visually pleasing image for the downtown area. This district is designed to advance both aesthetic and economic objectives of the Village of East Troy by controlling the site design and appearance of development within the DD District in a manner that is consistent with sound economic, land use, and urban design principles. The boundaries of the DD District are as depicted on the Official Overlay Zoning Map. Refer to Article XI for the regulations and procedures applicable to proposal review in this overlay district.
Planned development overlay districts may be established pursuant to Article XII, and other applicable sections of this chapter, to accommodate development projects that do not fit the standards established for the various zoning districts described in Articles III, IV, and V.