East Troy City Zoning Code
ARTICLE XIII
Performance Standards
§ 510-89 Purpose.
The purpose of this article is to indicate the standards and minimum requirements for exterior site and building design, access, visibility, off-street parking and traffic circulation, off-street loading, exterior lighting, exterior storage, fencing, swimming pools, vibration, noise, air pollution, odor, signal receiving antennas, glare and heat, fire and explosions, toxic or noxious materials, waste materials, exterior construction material, hazardous materials, group and large developments, and outdoor wood-burning furnaces within the jurisdiction of this chapter. Any nonconforming situation (lot, use, structure and/or site) shall adhere to the provisions of Article IX.
§ 510-90 Exterior site and building design standards.
A.
Purpose. The purpose of this section is to regulate the design and materials used for the exterior of buildings and structures within the Village so as to attain a degree of uniformity in exterior appearance and quality of materials and thus maintain and enhance the attractiveness and values of property in the community.
B.
Applicability. The requirements of this section apply to all structures and buildings within the Village. Beyond the general rules in Subsections C through J below, additional rules apply to group and large developments, which are provided in §§ 510-108 and 510-109.
C.
Review and approval. Through the site plan review process, the Plan Commission shall be responsible and have authority to hear, review, and act upon all proposed exterior architectural plans for all proposed development, except as exempt under § 510-36N.
D.
Site design. In addition to complying with required setbacks, no building, structure, pavement, or improvement shall be placed or oriented in a manner that would unnecessarily reduce the appearance of the subject property in comparison to typical development practices that are fully consistent with the requirements of this chapter or would have a substantial negative impact on the value or enjoyment of permitted land uses on nearby properties.
E.
Avoidance of exteriors specific to a particular occupant. Trademark architecture is prohibited. Specifically, no building, other structures, pavement or improvement shall have an integral exterior design which is specific to a particular site occupant, including exterior building forms, materials, textures, colors, and patterns. Exterior elements which are specific to a particular site occupant shall be limited to attached signage, awnings and other appurtenances which are easy to remove or modify for subsequent site occupants without causing significant damage and/or restoration expenses.
F.
Exterior design compatibility and avoidance of monotony. No building, other structures, pavement or improvement shall have an exterior design which is of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste. In addition, no building shall be permitted within any residential or business zoning district to have an exterior appearance which is too similar to nearby buildings so as to create unacceptable monotony. Restrictive covenants shall incorporate provisions to prohibit unacceptable monotony of the design, materials and colors for building exteriors for any multi-lot or group development.
G.
Requirements for exterior materials. The following requirements shall apply regarding exterior materials for buildings and structures:
[Amended 3-20-2023 by Ord. No. 2023-02]
(1)
Building color. Building facade colors shall be nonreflective, subtle, neutral, or earth tone. The use of high-intensity colors, metallic colors, fluorescent colors, or black on facades shall be prohibited. Building trim and architectural accent elements may feature bright colors or black, but such colors shall be muted, not metallic, not fluorescent, and not specific to particular uses or tenants. Standard corporate and trademark colors shall be permitted only on signage, subject to the limitations in Article XV.
(2)
Building materials. Exterior building materials shall be of comparable aesthetic quality on all sides. Building materials such as glass, brick, tinted, and decorative concrete block, wood, stucco, and exterior insulation and finish systems (EIFS) shall be used, as determined appropriate by the Plan Commission. Decorative architectural metal with concealed fasteners or decorative tilt-up concrete panels may be approved if incorporated into the overall design of the building.
(3)
Prohibited materials. No building or structure shall be constructed or faced with any material or texture which is aesthetically incompatible with other building exteriors in the area which are fully consistent with the requirements of this chapter or which presents an unattractive appearance to the public or surrounding properties. The following materials are prohibited on the exterior of all buildings and structures:
(a)
Plain faced concrete walls or panels.
(b)
Plain faced cinder block or concrete block.
(c)
Asphaltic siding.
(d)
Plywood, chipboard, or other nondecorative wood or composite material as determined by the Plan Commission.
(e)
Metal siding which does not meet any one or more of the following exceptions:
[1]
Is determined by the Plan Commission to be a decorative element of the building or structure that can be readily removed or replaced with a permitted exterior material.
[2]
Uses a method of exterior wall fastening which is fully concealed from view by means of an interlocking panel, panel overlap, or other method approved by the Plan Commission which results in full concealment.
[3]
Uses visible exterior fasteners which are the same color as the attached wall for any principal or accessory structure within the Rural Holding (RH-35), Highway Business (HB), Business Park (BP), Light Industrial (LI), or General Industrial (GI) Zoning District, in any location on the building or structure which meets all of the following criteria:
[a]
Is located more than 100 feet from any portion of a residential zoning district boundary and more than 100 feet from any portion of a public right-of-way.
[b]
Is located more than 100 feet from any visitor or customer door.
[c]
Transitions to any other exterior material, texture, color, or pattern at a building corner, pier, pilaster, eave, parapet, or other physical change in the wall plane, so as to complement the overall exterior design of the building or structure as determined by the Plan Commission.
(f)
Fiberglass or poly-roofing or siding, except in an industrial zoning district not exceeding 3,200 square feet with Plan Commission approval, if otherwise allowed. For the purposes of this subsection, only one such building with fiberglass or poly-roofing or siding is allowed on a parcel. In reviewing such request, the Plan Commission should consider 1) the extent to which the building will be visible from public streets and from nonindustrial properties, 2) the overall compatibility with surrounding land uses, and 3) any other factors deemed appropriate given the circumstances.
(g)
Other materials as determined by the Plan Commission.
(h)
Structures exceeding 100 square feet which are not erected on a permanent foundation and/or do not comply with the Uniform Building Code.
H.
Waste receptacles. The development shall contain a sufficient number of waste bins to accommodate all trash and recyclable materials generated by the land uses in a convenient manner and in accordance with the building design and performance standards of this article.
I.
Pedestrian and bicycle access. The entire development shall provide for full and safe pedestrian and bicycle access within the development, which shall include appropriate connections to the existing and planned pedestrian and bicycle facilities in the community and in surrounding neighborhoods; sidewalk connections to all building entrances from all public streets; secure bicycle parking and pedestrian furniture in appropriate quantities and locations; and a central pedestrian gathering area.
J.
Exceptions and appeal. The conditional use process may be used to seek exemptions to the requirements of this section. An appeal of the Plan Commission's determination may be taken to the Zoning Board of Appeals.
§ 510-91 Access standards.
[Amended 11-20-2017 by Ord. No. 2017-15; 4-21-2025 by Ord. No. 2025-02]
A.
Purpose. The purpose of this section is to alleviate or prevent congestion of public rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of access to public rights-of-way in accordance with the utilization of various sites.
B.
Applicability. The requirements of this section shall apply to each access point onto a public street or right-of-way in all new developments.
C.
Review and approval. Through the site plan review process (see § 510-160), the Plan Commission shall review and approve all proposed access drives on the subject property.
D.
Number of access points.
(1)
Each lot shall have not more than two access points on any street frontage adjacent to any lot. Said access shall require approval by the Director of Public Works. Upon petition the Plan Commission may, with good cause, allow additional access points for non-residential uses based on a determination that the additional access points are warranted given the context of a particular property.
(2)
No lot shall be permitted more than one access point on any one street if its frontage on said street is less than 100 linear feet (as measured along the right-of-way line).
(3)
On arterial streets, and in areas experiencing, or expected to experience, congestion and/or safety problems, access to a lot may be required to be located via an access point located on an adjacent property or another street frontage.
(4)
For residential uses, two access points serving the same street frontage may be approved as a conditional use.
E.
Residential uses. Residential uses shall not have access points onto a nonresidential collector or arterial street unless such street has the only available frontage.
F.
Nonresidential uses. Nonresidential uses shall not have access points onto a residential street unless such street has the only available frontage.
G.
Access near street intersections. At its intersection with the street right-of-way line on an arterial or nonresidential collector street, no access point shall be located closer than 100 feet to the intersection of any two street rights-of-way unless such street is the only available frontage on the subject property. In all cases, access points shall be located as far from an intersection as the lot size permits. Nonconforming driveways may be replaced in their current location, except as part of site plan review and approval.
H.
Distance between access drives. The minimum distance between access drives serving the same property shall be 25 feet (edge to edge), as measured at the property line. A distance in excess of 25 feet may be required if existing or projected traffic warrants a greater distance.
I.
Angle of intersection with public right-of-way. All access drives shall intersect with any public right-of-way at an angle of not less than 75° and shall intersect at an angle of 90° wherever possible.
J.
Distance from property line. The distance from a nonresidential access drive to the property line of an adjacent property shall not be less than five feet, as measured along the right-of-way line.
K.
Width of driveways. All access drives shall have a minimum width of 10 feet for single- and two-family dwellings and 18 feet for all other land uses. All curb openings for access drives shall have a maximum width of 24 feet for all residential uses and 30 feet for all nonresidential uses, as measured at the right-of-way line. Access drives may be flared between the right-of-way line and the roadway up to a maximum of five additional feet. This requirement may be exceeded with explicit Plan Commission approval for uses other than single family.
L.
Traffic control. The traffic generated by any use shall be channelized and controlled in a manner which avoids congestion on public streets and other safety hazards. Traffic into and out of all off-street parking, loading, and traffic circulation areas serving six or more parking spaces shall be forward moving, with no backing into streets or pedestrianways. Traffic control devices shall be required as determined by the Director of Public Works.
M.
Depiction on required site plan. Any and all proposed access drives on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property.
N.
Paving of access. All access approach areas located within a street right-of-way shall be paved to the satisfaction of the Zoning Administrator with a hard, all-weather surface and shall be maintained so as to prevent the transport of gravel, dirt, or other eroded material from the subject property into the right-of-way. This requirement must be fulfilled before building occupancy, unless granted a time-specific extension in writing by the Zoning Administrator.
§ 510-91.1 Driveway standards for residential properties.
[Added 11-20-2017 by Ord. No. 2017-15]
A.
Surfacing. Driveways and any related parking area shall be hard-surfaced with asphaltic pavement, concrete pavement, or pavers that provide the same structural support as the aforementioned. Such surface must be completed within 12 months following occupancy of a new construction.
B.
Drainage. Driveways and any related parking area shall be graded and drained to not cause a nuisance to adjoining properties.
C.
Setback. Driveways and any related parking area must be set back at least five feet from side lot lines, except as allowed in this subsection. A shared driveway may be located along a common lot line. A driveway accessing the bulb of a cul-de-sac street may be closer than five feet to a side lot line within 20 feet of the front lot line.
D.
Minimum width. The minimum width of a driveway is 10 feet.
E.
Maximum width and side tapers.
[Amended 8-15-2022 by Ord. No. 2022-10]
(1)
The maximum width of the driveway at the right-of-way line is 24 feet.
(2)
A driveway may include a taper starting at the front lot line provided the angle of the taper does not exceed 135 degrees.
F.
Auxiliary parking bay. An auxiliary parking bay may be located along the side of an attached garage or detached garage, but not both, as follows:
(1)
The parking bay must not be located in the front yard.
(2)
The parking bay must taper into the driveway.
(3)
The parking bay must be screened along the adjoining lot line.
(4)
The parking bay shall be uncovered.
(5)
The maximum width of the parking bay is 10 feet.
(6)
The maximum length of the parking bay is 20 feet, not including the taper.
Figure 1  |
§ 510-92 Visibility standards.
A.
Purpose. The purpose of this section is to alleviate or prevent congestion of public and private rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of vehicular visibility.
B.
Applicability. The requirements of this section shall apply to all new development.
C.
Review and approval. Through the site plan review process (see § 510-160), the Plan Commission shall review and approve all developments for conformance with this section.
D.
Required. To provide a clear view of intersecting streets to motorists, there shall be a triangular area of clear vision formed by the two intersecting streets and a chord connecting the center lines of said streets. Generally, the following standards listed in Figure 510-92 shall apply. Within the triangular area, no signs, parking spaces, structures, earthwork, vegetation, fencing, or other obstructions above 30 inches in height or exceeding opacity of 0.2 (see Article XIV) shall be permitted above the center-line elevations of said two streets.
E.
Depiction on required site plan. Except in the downtown where no requirement is imposed, any and all visibility triangles located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property.
Figure 510-92: Vision Clearance Triangle Standards | ||
|---|---|---|
Right-of-Way Width | Distance From Right-of-Way Intersection | |
Less than or equal to 66 feet | 10 feet | |
Greater than or equal to 67 feet | 20 Feet | |
§ 510-93 Off-street parking and traffic circulation.
A.
Purpose. The purpose of this section is to alleviate or prevent congestion of public rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of off-street parking and circulation in accordance with the utilization of various sites.
B.
Applicability. The requirements of this section shall apply to all new development.
C.
Review and approval. Through the site plan review process (see § 510-160), the Plan Commission shall review and approve all development for conformance with this section.
D.
Depiction on required site plan. Any and all parking and traffic circulation areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. Each and every on-site parking space designed to serve as required parking shall not be located farther than 300 feet, except as permitted by a conditional use permit, of shortest walking distance from the access to all of the various areas it is designated to serve. A garage stall, meeting the access requirements of Subsection F(4) below, shall be considered a parking space. Parking spaces for any and all vehicles exceeding 18 feet in length shall be clearly indicated on said site plan.
E.
Minimum required off-street parking spaces. Off-street parking requirements for each land use (see Article VI) are generally tied to the use's capacity and gross floor area or the number of employees at the subject property during the largest work shift. The term "capacity" means the maximum number of persons that may be accommodated by the use as determined by its design or by State Building Code regulations, whichever number is greater. The term "employee(s) on the largest work shift" means the maximum number of employees working at the facility during a single given day, regardless of the time period during which this occurs, and regardless of whether any such person is a full-time employee. The largest work shift may occur on any particular day of the week or during a lunch or dinner period in the case of a restaurant. In all cases, one reserved parking space shall be provided for each vehicle used by the operation during business hours. Where said parking needs of any land use exceed the minimum requirements of this chapter, additional parking spaces sufficient to meet the average maximum weekly peak-hour parking space demand shall be provided by said land use.
F.
Off-street parking and traffic circulation standards.
(1)
Circulation. The site shall be designed to provide for the safe and efficient movement of all traffic entering, exiting, and circulating on the site. Circulation patterns shall conform to the general rules of the road. All traffic control measures shall meet the requirements of the Manual on Uniform Traffic Control Devices.
(2)
Surfacing and marking. All off-street parking and traffic circulation areas (including all residential driveways except those in the RH-35 District) shall be paved with a hard, all-weather or other surface that advances the goals of the Comprehensive Plan or other adopted plan, policy, or regulation of the Village to the satisfaction of the Director of Public Works. Said surfaces intended for six or more parking stalls shall be marked in a manner which clearly indicates required parking spaces.
(3)
Curbing. All off-street parking areas designed to have head-in parking within 6.5 feet of any lot line shall provide a tire bumper or curb of adequate height and properly located to ensure that no part of any vehicle will project beyond the required setbacks of this chapter.
(4)
Access. Each off-street parking space shall open directly upon an aisle or driveway that is wide enough and designed to provide a safe and efficient means of vehicular access to the parking space without directly backing or maneuvering a vehicle into a public right-of-way exceeding 82.5 feet in width. All off-street parking and traffic circulation facilities shall be designed with an appropriate means of vehicular access to a street or alley, in a manner which least interferes with traffic movements. No driveway across public property, or requiring a curb cut, shall exceed a width of 40 feet for commercial and industrial land uses or 25 feet for residential land uses (see Figure 510-93A). Off-street parking spaces for residential uses may be stacked or in front of one another for the same building unit. Parking spaces located behind an enclosed garage and located directly off a through aisle shall be a minimum of 30 feet deep.
(5)
Snow storage. Required off-street parking and traffic circulation areas shall not be used for snow storage.
(6)
Lighting. All off-street parking and traffic circulation areas serving six or more cars shall be lit so as to ensure the safe and efficient use of said areas during the hours of use. An illumination level of between 0.4 and 1.0 footcandle is recommended for said areas, and said illumination level shall not exceed the standards of § 510-95.
(7)
Signage. All signage located within, or related to, required off-street parking or traffic circulation shall comply with the requirements of Article XV.
(8)
Landscaping. Parking lot landscaping shall comply with the requirements of the paved area landscaping requirements in Article XIV.
(9)
Parking space design standards. Other than handicapped parking, each off-street parking space shall comply with the minimum requirements of Figure 510-93A. The minimum required length of parking spaces shall be 16 feet. All parking spaces shall have a minimum vertical clearance of at least seven feet.
(10)
Handicapped parking spaces. Handicapped parking shall be provided at a size, number, location, and with signage as specified by state and federal regulations.
(11)
Parking lot design standards. Horizontal widths for parking rows, aisles, and modules shall be provided at widths no less than listed in Figure 510-93A. Additional design standards apply to group developments (see § 510-108) and large developments (see § 510-109).
(12)
Partial development of required parking spaces. Any development may seek permission to not install a portion of its required parking at time of site plan review; however, the site plan shall depict the minimum number of required parking spaces.
(13)
Limit on the maximum number of required parking spaces. No site plan may be approved for a multifamily or nonresidential use which contains more than 120% of the development's minimum number of required parking spaces, except as granted through a conditional use permit.
(14)
Turning radius. In addition to all of the specific design requirements in this and other sections, loading births, driveways, and access aisles must be designed to accommodate a turning template for a WB-50 truck, which corresponds to the turning radius of the Village's largest fire truck. Upon petition, the Fire Chief for the Village may with cause waive this requirement in whole or in part on a case-by-case basis when such access for fire protection is not required for a proposed building or addition.
[Added 8-15-2022 by Ord. No. 2022-10]
 |
G.
Joint and off-site parking facilities.
(1)
Parking facilities which have been approved by the Director of Public Works to provide required parking for one or more uses shall provide a total number of parking spaces which shall not be less than the sum total of the separate parking needs for each use during any peak hour parking period when said joint parking facility is utilized at the same time by said uses. However, this aggregate requirement may be reduced or expanded by the Plan Commission by explicit motion associated with this site plan review process.
(2)
Each parking space designed to serve as joint parking shall not be located farther than 300 feet, except as permitted by a conditional use permit, from the access to all of the various areas it is designated to serve.
(3)
The applicant(s) for approval of a joint parking facility shall demonstrate to the satisfaction of the Director of Public Works that there is no substantial conflict in the demand for parking during the principal operating hours of the two of more uses which the joint parking facility is proposed to serve.
(4)
A legally binding instrument, approved by the Village Attorney, shall be executed by any and all parties to be served by a joint parking facility. This instrument shall be recorded with the Register of Deeds office and filed with the Village Clerk. A fee shall be required to file this instrument (see § 510-149).
[Amended 12-16-2019 by Ord. No. 2019-18]
H.
Parking within the Central Business District. Within the Central Business (CB) District, the parking requirements of this chapter are waived for nonresidential uses.
[Amended 6-20-2022 by Ord. No. 2022-07]
I.
Parking within the Central Business Transition District. When a property in the Central Business Transition (CBT) District will be used for nonresidential uses and fronts on a street where street parking is allowed, at least 50% of the required number of parking spaces for the use shall be provided on site, but not less than two. If the size and configuration of the subject property is not able to accommodate such required parking, the Plan Commission may on a case-by-case allow a lesser number of on-site parking spaces as part of the site plan review process when the commission determines additional on-street parking will not cause undo congestion or unnecessary impacts.
[Added 6-20-2022 by Ord. No. 2022-07[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsections I through M as Subsections J through N, respectively.
J.
Locational prohibitions for off-street parking areas.
(1)
Off-street parking shall not be located between the principal structure on a residential lot and a street right-of-way, except within residential driveways and parking lots designated on the approved site plan.
(2)
No private parking shall occur on street terraces, driveways, or any other areas located within a public right-of-way not explicitly designated by the Director of Public Works.
K.
Minimum permitted throat length. Figure 510-93B shall be used to determine the minimum permitted throat length of access drives serving parking lots as measured from the right-of-way line along the center line of the access drive. This regulation may be modified by the Plan Commission by explicit motion associated with this site review process.
L.
Potential reduction in parking. The Plan Commission may decrease the required number of off-street automobile parking spaces by up to 25% of the normal requirements based upon one or more of the following criteria:
(1)
Technical documentation furnished by the applicant that indicates, to the satisfaction of the Plan Commission, that actual off-street parking demand for that particular use is less than the required standard set forth in this chapter.
(2)
Bicycle parking spaces will be provided through racks, lockers, or equivalent structures located convenient to the proposed use.
(3)
A public transportation route is located within 500 feet of the property.
M.
Installation and maintenance. All off-street parking and traffic circulation areas shall be completed prior to building occupancy and shall be maintained in a dust-free condition at all times. In no instance or manner shall any off-street parking or traffic circulation area be used as a storage area, except as provided for by § 510-96.
N.
Use of off-street parking areas. The use of all required off-street parking areas shall be limited to the parking of licensed operable vehicles not for lease, rent, or sale. Within residential districts, required parking spaces shall only be used by operable cars and trucks.
Figure 510-93A: Parking Layout Dimensions | |||||||
|---|---|---|---|---|---|---|---|
Parking Angle in Degrees | |||||||
Minimum Permitted Dimensions | 0° | 45° | 60° | 75° | 90° | ||
Stall width at parking angle (SW) (feet) | 9.0 | 9.0 | 9.0 | 9.0 | 9.0 | ||
Stall width parallel to aisle (WP) (feet) | 17 | 12.7 | 10.4 | 9.3 | 9.0 | ||
Stall depth to wall (D) (feet) | 9.01 | 17.51 | 19.01 | 19.51 | 18.51 | ||
Stall depth to interlock (DI) (feet) | N/A | 15.3 | 17.5 | 18.8 | N/A | ||
Stall length (SL) (feet) | 18.0 | 18.0 | 18.0 | 18.0 | 18.0 | ||
Aisle width (AW) (feet) | 12.02 | 12.02 | 16.02 | 17.202 | 24.0 | ||
Throat length (right-of-way to parking angle) (T) | Refer to requirements in Figure 510-93B | ||||||
Parking module width (PMW) | |||||||
Wall to wall (single-loaded) (W1) (feet) | 21.0 | 29.5 | 35.0 | 42.5 | 44.5 | ||
Wall to wall (double-loaded) (W2) (feet) | 30.0 | 47.0 | 54.0 | 62.0 | 63.0 | ||
Wall to interlock (double-loaded) (W3) (feet) | N/A | 44.8 | 52.5 | 61.3 | N/A | ||
Interlock to interlock (double-loaded) (W4) (feet) | N/A | 42.6 | 51.0 | 60.6 | N/A | ||
 | Notes: | ||
1 | Parking spaces located behind an enclosed garage and located directly off a thorough aisle shall be at least 30 feet deep. | ||
2 | This dimension represents (AW) for one-way traffic. | ||
Figure 510-93B: Minimum Permitted Throat Length | ||||
|---|---|---|---|---|
Type of Access Street | ||||
Land Use | Type | Scale of Development | Collector (feet) | Arterial (feet) |
Residential | Any residential | 0 to 100 dwelling units | 25 | N/A |
101 to 200 dwelling units | 50 | 75 | ||
201+ dwelling units | 75 | 125 | ||
Commercial | Office | 0 to 50,000 gross square feet | 25 | 50 |
50,001 to 100,000 gross square feet | 25 | 75 | ||
100,001 to 200,000 gross square feet | 50 | 100 | ||
200,001+ gross square feet | 100 | 150 | ||
In-vehicle sales or service | 0 to 2,000 gross square feet | 25 | 75 | |
2,001+ gross square feet | 50 | 100 | ||
Commercial indoor lodging | 0 to 150 rooms | 25 | 75 | |
151+ rooms | 25 | 100 | ||
Other commercial uses | 0 to 25,000 gross square feet | 25 | 50 | |
25,001 to 100,000 gross square feet | 25 | 75 | ||
100,001 to 500,000 gross square feet | 50 | 100 | ||
500,001+ gross square feet | 100 | 200 | ||
Industrial | All industrial uses | 0 to 100,000 gross square feet | 25 | 50 |
100,001 to 500,000 gross square feet | 50 | 100 | ||
500,001+ gross square feet | 50 | 200 | ||
Other uses | 6+ spaces | 25 | 50 | |
§ 510-93.1 Motor vehicles and trailers on residential lots.
[Added 3-19-2018 by Ord. No. 2018-03]
A.
Motor vehicles.
(1)
The following may be kept out-of-doors overnight on a residential lot:
(a)
Passenger vehicles, pick-up trucks, and motorcycles;
(b)
One motor home, fifth-wheel recreation vehicle, or camping trailer; and
(c)
One truck with a rated capacity not in excess of 16,000 pounds.
(2)
All such motor vehicles must be 1) registered and licensed, 2) used by the residents living on the subject property or their temporary guests, and 3) placed on a driveway, but not within the public right-of-way, or on an auxiliary parking bay as permitted by this Code.
B.
Trailers. One trailer, or one boat, with or without a trailer; or one camping trailer may be kept out-of-doors overnight on residential lots, provided it is 1) registered and licensed, if so required for use by the State of Wisconsin; 2) used by the residents living on the subject property or their temporary guests; and 3) placed on a driveway, but not within the public right-of-way, or on an auxiliary parking bay as permitted by this Code. In addition, the aforementioned trailers may be kept overnight on an unsurfaced area of the lot, provided:
(1)
Two trailers are allowed provided the cumulative total of the trailer(s) shall not exceed 30 feet in length, excluding trailer hitch, tongue, and bumper.
(2)
The trailer must be at least six feet from a principal building and at least five feet from any lot line.
(3)
The trailer shall not be located in the front yard or the street yard.
(4)
The trailer shall not exceed 10 feet in height above the ground surface as parked, but excluding mast.
(5)
The trailer shall not exceed nine feet in width, excluding any auxiliary hardware.
§ 510-94 Off-street loading standards.
A.
Purpose. The purpose of this section is to prevent congestion of public rights-of-way and private lots so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of loading facilities on various sites.
B.
Applicability. Any use which has a gross floor area of 6,000 square feet or more, and which requires deliveries or makes shipments from large trucks, shall provide off-street loading facilities in accordance with the regulations of this section.
C.
Review and approval. Through the site plan review process (see § 510-160), the Plan Commission shall review and approve all development for conformance with this section.
D.
Location. All loading berths shall be located 25 feet or more from the intersection of two street right-of-way lines. Loading berths shall not be located within any required front yard or street yard setback area. Access to the loading berth shall be located in conformance with § 510-91. All loading areas shall be located on the private lot and shall not be located within or interfere with any public right-of-way.
E.
Size of loading area. The first required loading berth shall be designed in accordance with Figure 510-94. All remaining required loading berths shall be a minimum of 50 feet in length and 10 feet in width. All required loading berths shall have a minimum vertical clearance of 14 feet. The following standards shall be the minimum used to design loading areas:
(1)
Access to loading area. Each loading berth shall be located so as to facilitate access to a public street or alley and shall not interfere with other vehicular or pedestrian traffic per § 510-93 and shall not interfere with the function of parking areas. In no instance shall loading areas rely on backing movements into public rights-of-way.
(2)
Surface and marking. All required loading areas shall be paved and maintained in a dust-free condition at all times. Said surface shall be marked in a manner which clearly indicates required loading areas.
(3)
Use of required loading areas. The use of all required loading areas shall be limited to the loading and unloading of vehicles. Said area shall not be used to provide minimum required parking spaces.
(4)
Lighting. All loading areas shall be lit so as to not exceed the standards of § 510-95.
(5)
Signage. All signage located within, or related to, loading areas shall comply with the requirements of Article XV.
F.
Depiction on required site plan. Any and all required loading areas and trailer and container storage areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property.
G.
Calculation of required loading spaces.
(1)
Indoor institutional land uses. One loading berth shall be required for each building having a gross floor area of 6,000 square feet to 29,999 square feet. For such uses located in buildings having a gross floor area of 30,000 square feet or greater, two loading berths shall be required.
(2)
Commercial (except offices), storage, transportation, and industrial land uses. One loading berth shall be required for each building having a gross floor area of 6,000 square feet to 29,999 square feet. For such uses located in buildings having a gross floor area of 30,000 square feet or greater, an additional loading berth shall be required for any portion of each 50,000 square feet of gross floor area in addition to the original 29,999 square feet.
(3)
Office land uses. One loading berth shall be required for each building having a gross floor area of 6,000 square feet to 99,999 square feet. For such uses located in buildings having a gross floor area of 100,000 square feet or greater, an additional loading berth shall be required for any portion of each 100,000 square feet of gross floor area in addition to the original 99,999 square feet.
Figure 510-94: Loading Standards | ||||||
|---|---|---|---|---|---|---|
Design Vehicle | Length (feet) | Dock Angle(a) | Clearance (D) (feet) | Berth Width (W) (feet) | Apron Space (A) (feet) | Total Offset (T) (feet) |
WB-40 | 50 | 90° | 50 | 10 | 63 | 113 |
12 | 56 | 106 | ||||
14 | 52 | 102 | ||||
60° | 44 | 10 | 46 | 90 | ||
12 | 40 | 84 | ||||
14 | 35 | 79 | ||||
45° | 36 | 10 | 37 | 73 | ||
12 | 32 | 68 | ||||
14 | 29 | 65 | ||||
WB-50 | 55 | 90° | 55 | 10 | 77 | 132 |
12 | 72 | 127 | ||||
14 | 67 | 122 | ||||
60° | 48 | 10 | 55 | 103 | ||
12 | 51 | 99 | ||||
14 | 46 | 94 | ||||
45° | 39 | 10 | 45 | 84 | ||
12 | 40 | 79 | ||||
14 | 37 | 76 | ||||
 | ||||||
§ 510-95 Exterior lighting standards.
A.
Purpose. The purpose of this section is to regulate the spillover of light and glare on operators of motor vehicles, pedestrians, and land uses in the vicinity of a light source in order to promote traffic safety and to prevent the creation of nuisances.
B.
Applicability. The requirements of this section apply to all private exterior lighting within the jurisdiction of this chapter, except for lighting within public rights-of-way and/or lighting located on public property.
C.
Review and approval. Through the site plan review process (see § 510-160), the Plan Commission shall review and approve all development for conformance with this section.
D.
Depiction on required site plan. Any and all exterior lighting shall be depicted as to its location, orientation, and configuration on the site plan required for the development of the subject property.
E.
Exterior lighting requirements.
(1)
In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a clear shield) is visible from a property located within a residential zoning district. The use of shielded luminaires and careful fixture placement is encouraged so as to facilitate compliance with this requirement.
(2)
Flashing, flickering and/or other lighting which may distract motorists is prohibited.
(3)
Intensity of illumination.
(a)
In no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed 0.50 footcandle above ambient lighting conditions on a cloudless night.
(b)
The maximum average on-site lighting in nonresidential zoning districts shall be 2.4 footcandles.
(c)
The maximum average on-site lighting in residential zoning districts shall be 0.90 footcandle.
(d)
The following exceptions shall be permitted:
[1]
The maximum average allowable on-site lighting of outdoor recreation facilities and assembly areas is 3.60 footcandles.
[2]
The maximum average on-site lighting of auto display lots and gas station pump islands is 25.0 footcandles; all under-the-canopy fixtures shall be fully recessed.
(e)
Reflected glare onto nearby buildings, streets or pedestrian areas is prohibited. To minimize any indirect overflow of light on adjacent properties, the height of any proposed parking lot light standard should be as short as possible and should stair step down to a lower height when close to residential uses.
(4)
Fixtures and luminaires.
(a)
Outdoor lighting shall be full cutoff fixtures and downward facing, and no direct light shall bleed onto adjacent properties. Exempt from this requirement are any fixtures using an incandescent bulb of 100 watts or less or its equivalent.
(b)
Light fixtures shall not be located within required bufferyards.
(c)
Total cutoff luminaires with angles of less than 90° shall be required for pole and building security lighting to ensure no fugitive uplighting occurs.
(d)
The color and design of fixtures shall be compatible with the building and public lighting in the area and shall be uniform throughout the entire development site.
(e)
The maximum fixture height in the SR-3, SR-4, SR-5, SR-6, SR-7, TR-8, AR-9, MR-10, and NB Districts shall be 16 feet. The maximum fixture height in the RH-35, HB, CB, BP, LI and GI Districts shall be 25 feet.
(f)
All lighting fixtures existing prior to the effective date of this chapter shall be considered as legal conforming.
(5)
All areas designated on required site plans for vehicular parking, loading, or circulation and used for any such purpose after sunset shall provide artificial illumination in such areas at a minimum intensity of 0.2 footcandle.
(6)
Any temporary use using exterior lighting which is not in complete compliance with the requirements of this section shall secure a temporary use permit (see § 510-158).
§ 510-96 Exterior storage standards.
A.
Purpose. The purpose of this section is to control the use of residential, office, and commercial property for exterior storage so as to promote the safety and general welfare of the public. For exterior storage in agricultural and industrial districts, refer to Article VI.
B.
Applicability. The requirements of this section apply to all development.
C.
Review and approval. If site plan review is determined to be necessary by the Zoning Administrator, the Plan Commission shall review and approve all development for conformance with this section through the site plan review process (see § 510-160).
D.
Requirements for exterior storage in commercial districts. In all commercial zoning districts, all materials and equipment shall be stored within a completely enclosed building, except for the following, which shall not be located within any front yard or required street yard (except for vehicles in designated parking spaces) and shall be stored a minimum of five feet from any and all property lines: screened refuse containers; construction materials, landscape materials, and related equipment connected within on-site construction; and off-street parking.
E.
Inoperative motor vehicles and junk. Refer to Chapter 461, Vehicles, Junked, Stored or Abandoned, of the Village Code.
F.
Exterior trash storage. All exterior trash storage shall be located within an enclosure that completely screens the view of said trash. The exterior of said enclosure shall be constructed of some or all of the materials used on the main building. A solid wood fence shall be used to gain access to the storage area.
G.
Outdoor storage of firewood. No person shall store firewood in the front yard on residentially zoned property, except that firewood may be temporarily stored in the front yard for a period of 30 days from the date of its delivery. Firewood should be neatly stacked and may be stacked not closer than two feet to any lot line and not higher than six feet from grade, except adjacent to a fence where firewood can be stacked against the fence as high as the fence. "Fence" as used in this section shall not include hedges and other vegetation.
(1)
All brush, debris, and refuse from processing of firewood shall be promptly and properly disposed of.
(2)
Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles, or that harbor or are infested or inhabited by rats or other vermin, are public nuisances and may be abated pursuant to the provisions of this chapter.
(3)
Not more than 20% of the side and rear yard may be used for storage of firewood at any one time.
§ 510-97 Fencing standards.
A.
Purpose. The purpose of this section is to regulate the materials, location, height, and maintenance of fencing, landscaping walls, and decorative posts in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all fencing, landscaping walls, and decorative posts equal to or exceeding 30 inches in height for all land uses and activities.
C.
Review and approval. If site plan review is determined to be necessary by the Zoning Administrator, the Plan Commission shall review and approve all development for conformance with this section through the site plan review process (see § 510-160).
D.
Height standards.
(1)
On corner lots in all zoning districts, no fence, wall, hedge, planting, or structure shall be erected, placed, planted, or allowed to grow in such a manner as to obstruct vision between a height of 2 1/2 feet and 10 feet above grade in the area bounded by the street and a line joining the points along such street to lines 10 feet from the point of intersection.
(2)
A fence, wall, tree, hedge, or shrubbery may be erected, placed, maintained, or grown along a lot line on or adjacent to a residentially zoned property. The height of such fences or walls shall not exceed six feet above the ground level. Where such lot line is adjacent to property zoned NB, CB, BP, LI or GI, there shall be a ten-foot limit on the height of fencing along such lot line. On residential corner lots, the street side (front yard) setback will be determined by the owner's choice. Any fence in the front setback area shall not exceed four feet in height.
(3)
Fences, walls, trees, hedges, or shrubbery erected, placed, maintained, or grown along a lot line on any business or industrially zoned property adjacent to residentially zoned property shall be to a height of not less than six feet nor more than 10 feet in height, except that there is no maximum height for trees, hedges, or shrubbery. No barbed wire or electrical fences may be erected or maintained.
E.
Setback standards.
(1)
Fences in or adjacent to a residential property may be placed, erected or maintained along the lot line. A lot survey may be required if property lines cannot be determined.
[Amended 10-17-2011]
(2)
Living fences or hedges shall be planted so that they may be trimmed without entry on abutting lands. Species shall determine distance, but in no case shall any shrub or plant be planted less than three feet from the center of planting to the lot line.
[Amended 6-15-2015 by Ord. No. 2015-02]
F.
Wood fences. Wood fences on the perimeter of a lot shall be installed with the finish side of the fence slats facing toward the neighboring property.
G.
Fence maintenance. All fences, including their painted surfaces, shall be maintained and kept safe and in a state of good repair, including painted surfaces.
H.
Temporary fences. Fences erected for the protection of plantings or to warn of construction hazards or for similar purposes shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in this section. The issuance of a permit shall not be necessary for temporary fences as described in this subsection. Snow fences shall be removed by April 1.
I.
Fencing for dumpsters. Apartments containing three or more dwelling units shall provide a six-foot-high fence with four sides, accessible by a gate, for dumpsters.
J.
Orientation. Any and all fences, landscape walls, or decorative posts shall be erected so as to locate visible supports and other structural components toward the subject property.
K.
Maintenance. Any and all fences, landscape walls, or decorative posts shall be maintained in a structurally sound and attractive manner.
§ 510-98 (Reserved) [1]
[1]
Editor’s Note: Former § 510-98, Swimming pool standards, as amended, was repealed 8-19-2019 by Ord. No. 2019-09.
§ 510-99 Vibration standards.
A.
Purpose. The purpose of this section is to regulate the creation of vibration which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
B.
Applicability. The requirements of this section apply to all uses and activities which create detectable vibrations, except that these standards shall not apply to vibrations created during the construction of the principal use on the subject property.
C.
Review and approval. Through the site plan review process (see § 510-160), the Plan Commission shall review and approve all development on the subject property.
D.
Depiction on required site plan. Any activity or equipment which creates detectable vibrations outside the confines of a building shall be depicted as to its location on the site plan required for the development of the subject property.
E.
Requirements. No activity or operation shall cause or create earthborn vibrations in excess of the displacement values given in Figure 510-99 below.
F.
Method of measurement. Measurements shall be made at or beyond the adjacent lot line or the nearest residential district boundary line. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three mutually perpendicular directions. The maximum permitted displacements shall be determined in each zoning district by the following formula: D = K/f, where D = displacement in inches; K = a constant to be determined by reference to Figure 510-99 below; and f = the frequency of vibration transmitted through the ground (cycles per second).
Figure 510-99: Vibration Measurement Constant | ||||
|---|---|---|---|---|
K All Other Districts | K GI District | |||
On or beyond any adjacent lot line | ||||
Continuous | 0.003 | 0.015 | ||
Impulsive | 0.006 | 0.030 | ||
Fewer than 8 pulses per 24-hour period | 0.015 | 0.075 | ||
On or beyond any residential district boundary line | ||||
Continuous | 0.003 | 0.003 | ||
Impulsive | 0.006 | 0.006 | ||
Fewer than 8 pulses per 24-hour period | 0.015 | 0.015 | ||
§ 510-100 Noise standards.
A.
Purpose. The purpose of this section is to regulate the creation of noise which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
B.
Applicability. The requirements of this section apply to all uses and activities which create detectable noise, except that these standards shall not apply to noise created during the construction of the principal use on the subject property or by incidental traffic, parking, loading, maintenance, or agricultural operations.
C.
Requirements. All noise shall be muffled so as to not be objectionable due to intermittence, frequency, or shrillness. In no event shall the sound-pressure level of noise continuously radiated from a facility exceed the values given in Figure 510-100A as measured by a Type 2 sound meter that is in compliance with ANSI Standard S1.4-1983. The measurement shall be conducted at the lot line of the subject property where said lot abuts property within any residential or business zoning district or the Light Industrial District.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D.
Nonconforming noise. Noise that was in effect as of the effective date of this chapter shall be considered legal nonconforming. The burden of proof to demonstrate that said noises were in effect prior to the effective date of this chapter is the responsibility of the noise producer.
Figure 510-100A: Maximum Permitted Noise Level at Lot Line for Continuous Noise | ||
|---|---|---|
Zoning District | Increase in Noise Level Over Ambient Level | |
RH-35, SR-3, SR-4, SR-5, SR-6, SR-7, TR-8, AR-9, MR-10 and MHR-6 | Plus 3 dBA | |
NB, HB, CB and BP | Plus 5 dBA | |
LI and GI | Plus 8 dBA | |
Figure 510-100B: Adjustment Factors for Maximum Noise Levels | ||
|---|---|---|
Type of Operation in Character of Noise | Correction in Decibels | |
Daytime operation only | Plus 5 dBA | |
Noise source operates less than 20% of any 1-hour period | Plus 5 dBA* | |
Noise source operates less than 5% of any 1-hour period | Plus 10 dBA* | |
Noise source operates less than 1% of any 1-hour period | Plus 15 dBA* | |
Noise of impulsive character (hammering, etc.) | Minus 5 dBA | |
Noise of periodic character (hum, speech, etc.) | Minus 5 dBA | |
Notes: | ||
|---|---|---|
* | Apply only one of these corrections. | |
§ 510-101 Air pollution standards.
A.
Purpose. The purpose of this section is to regulate the creation of air pollution which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to air pollution created during the construction of the principal use on the subject property or by incidental traffic, parking, loading, or maintenance operations.
C.
Standards. In addition to all applicable state and federal standards, the following shall apply:
(1)
The emission of particulate matter containing a particle diameter larger than 44 microns is prohibited.
(2)
Emission of smoke or particulate matter of a density equal to or greater than Number 2 on the Ringelmann Chart (U.S. Bureau of Mines) is prohibited at all times.
(3)
Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any lot shall be kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable means.
(4)
All applicable state and federal standards.
§ 510-102 Odor standards.
A.
Purpose. The purpose of this section is to regulate the creation of odor which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to odors created during the construction of the principal use on the subject property or by incidental fertilizer application, traffic, parking, loading, or maintenance operations. Public landfills and public sanitary sewage treatment plants shall be exempted from the requirements of this section as essential public services.
C.
Standards. Except for food preparation and cooking odors emanating from residential land uses and odors associated with property development and maintenance (such as construction, lawn care, and the painting and roofing of structures), no odors shall be created for periods exceeding a total of 15 minutes per any day which are detectable (by a healthy observer such as the Zoning Administrator or a designee who is unaffected by background odors such as tobacco or food) at the boundary of the subject property, where said lot abuts property within any residential or business zoning district or the Light Industrial (LI) District.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 510-103 (Reserved) [1]
[1]
Editor's Note: Former § 510-103, Communication tower standards, was repealed 5-15-2017 by Ord. No. 2017-08. See now Art. XIX, Wireless Telecommunication Facilities.
§ 510-104 Glare and heat standards.
A.
Purpose. The purpose of this section is to regulate the creation of glare or heat in order to prevent the creation of nuisances and to promote the health, safety, and welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to glare created during the construction of the principal use on the subject property or by incidental traffic, parking, loading, or maintenance operations.
C.
Standards. No direct or sky-reflected glare shall be visible at the lot line of the subject property, whether from floodlights or from temperature processes, such as combustion, welding, or otherwise. As determined by the Zoning Administrator, there shall be no discernible transmission of heat or heated air at the lot line. Solar systems regulated by § 66.0401, Wis. Stats., shall be entitled to the protection of its provisions.
§ 510-105 Fire and explosions.
A.
Purpose. The purpose of this section is to regulate the creation of fire and/or explosion hazards which adversely affect adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards. Any use involving materials which could decompose by detonation shall be located not less than 400 feet from any residential or commercial zoning district, except that this standard shall not apply to the storage or usage of liquefied petroleum or natural gas for normal residential or business purposes. All activities and storage of flammable and explosive materials at any point shall be provided with adequate safety and fire-fighting devices in accordance with all fire prevention codes of the State of Wisconsin.
§ 510-106 Toxic, noxious and waste materials.
A.
Purpose. The purpose of this section is to regulate the handling of toxic, noxious, or waste material which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards. No use shall discharge across the boundaries of the subject property, or through percolation into the subsoil, toxic or noxious material in such concentration as to be detrimental to or endanger the public health, safety, comfort, or welfare or cause injury or damage to private property or business. No use shall discharge at any point into any public or private sewage disposal system or stream, or into the ground, any liquid or solid materials except in accordance with the regulations of the Wisconsin Department of Health Services.
[Amended 6-15-2015 by Ord. No. 2015-02]
§ 510-107 Hazardous materials.
A.
Purpose. The purpose of this section is to provide information to the Village regarding the nature of land uses which involve research, production, storage, disposal, handling, and/or shipment of hazardous materials.
B.
Applicability. The requirements of this section apply to all land uses and activities involving any one or more of the following:
(1)
Microorganism cultures subject to § 94.65, Wis. Stats.
(2)
Pesticides subject to § 94.67(25), Wis. Stats.
(3)
Biological products subject to § 95.39, Wis. Stats.
(4)
Hazardous substances subject to § 100.37(1)(c), Wis. Stats.
(5)
Toxic substances subject to § 101.58(2)(j), Wis. Stats.
(6)
Infectious agents subject to § 101.58(2)(f), Wis. Stats.
(7)
Any material for which the State of Wisconsin requires notification of a local fire department.
(8)
Any other uses, activities, or materials which are subject to county, state, or federal hazardous or related materials regulations.
C.
Standards. All land uses involving such hazardous materials shall submit a written description of such materials and the operations involving such materials conducted on their property as part of the required site plan submittal.
§ 510-108 Group development standards.
A.
Purpose. The purpose of this section is to establish standards that ensure group developments are properly located and are compatible with the surrounding area and the overall community character of the Village of East Troy.
B.
Applicability. A group development is any development of one lot comprised of any single instance or any combination of the items in Subsection B(1) through (6) below. Common examples of group developments include apartment or condominium complexes, commercial centers, shopping centers, and office centers. A group development does not offer the ability to customize regulations of this chapter as could be achieved through a planned development under Article XII.
(1)
One or more principal multifamily residential structures with a total of five or more residential units on the same parcel.
(2)
Two or more principal structures on the same parcel, whether currently serving a single use or more than one use.
(3)
A mixed-use structure used for office or commercial land uses containing one or more nonresidential uses and one or more residential uses.
(4)
A single principal structure used for office or commercial land uses with a gross floor area of 5,000 square feet or more.
(5)
A single principal structure housing two or more leased or owned tenant spaces.
(6)
Any building additions or addition of principal buildings that brings the total gross floor area of all principal structures to 5,000 square feet or greater or increases the total number of principal structures on the same parcel to two or more.
C.
Review and approval. All group developments require a conditional use permit (see § 510-157 for review and approval procedure) regardless of whether individual use(s) within the development is permitted by right within the applicable district. The subsequent addition of structures, additions to structures, and expansions of parking or storage areas shall require amendment to the approved conditional use permit regardless of individual land use(s).
D.
Group development standards. In addition to the general site and design standards as provided in § 510-90, the following standards and regulations are applicable to all group developments:
(1)
Subsequent changes to individual uses within a group development are permitted so long as the new use is listed as a use which is permitted by right within the applicable zoning district, unless the group development conditional use permit placed explicit restrictions on future uses.
(2)
Subsequent individual land uses permitted by conditional use in the zoning district shall be permitted within the group development only under subsequent conditional use permit approvals for the specific use, regardless of whether said use entails modifications to the building and/or site layout.
(3)
All site development occurring within a group development shall comply with the applicable requirements of this chapter, including but not limited to density, intensity, bulk, and setbacks; building separation; building and site design standards; landscaping and green space preservation; access, parking, loading, and unloading; and signage.
(4)
A group development also meeting the description for a large development shall also meet all of the large development standards in § 510-109.
§ 510-109 Large development standards.
A.
Purpose. The purpose of this section is to establish application requirements and standards that are intended to ensure that large developments (as defined in Subsection B below) are properly located and are compatible with the surrounding area and the overall community character of the Village of East Troy.
B.
Applicability. Large developments may contain any combination of one or more of the following land uses: indoor sales or service, outdoor display, indoor commercial entertainment, outdoor commercial entertainment, in-vehicle sales or service, or commercial indoor lodging. (Refer to Article VI for definitions and requirements for each land use.) A large development is comprised of one or more contiguous parcels or building sites for one or more of the above-listed land uses within which the total combined gross floor area exceeds 20,000 square feet, including indoor and outdoor storage and display areas, and where one or both of the following conditions exist:
(1)
The parking area is or will be served by an integrated system of off-street parking benefiting all or substantially all improvements within such area.
(2)
The area is or will be subject to reciprocal access rights benefiting all or substantially all improvements within such area.
C.
Review and approval. The review and approval process for large developments shall adhere to the conditional use permit procedures (see § 510-157). Large developments require a conditional use permit regardless of whether individual use(s) within the development is permitted by right within the applicable district; however, a separate conditional use permit is not required where such developments are part of a planned development (see Article XII).
(1)
All additions or modifications to structures, outdoor display areas, in-vehicle drives, parking, or outdoor storage areas that are part of an approved large development shall require an amendment to the conditional use permit.
(2)
Subsequent changes to individual land uses listed as permitted by right uses within the applicable zoning district are permitted without amendment to the large development conditional use permit, unless said conditional use permit placed restrictions on change of use.
(3)
Subsequent individual land uses which are permitted only with a conditional use permit may be allowed only under a subsequent conditional use permit for the specific use, regardless of whether said use entails modifications to the building and/or site layout.
D.
Application requirements. Large development projects shall submit the following application materials to the Zoning Administrator in addition to those required for a conditional use permit under § 510-157:
(1)
Report. A written report providing evidence that the proposed building and overall development project will be compatible with the Village of East Troy Comprehensive Plan, any detailed neighborhood plan for the area, and any other plans officially adopted by the Village.
(2)
Questionnaire. A Large Development Questionnaire shall be completed and provided in the format included in Figure 510-109.[1]
[1]
Editor's Note: Figure 510-109 is included as an attachment to this chapter.
(3)
Economic and fiscal analysis. The Village may require completion of an economic and fiscal impact analysis containing the following items:
(a)
Estimate of types and number of jobs created, including full-time equivalent (40 hours per week) and part time (less than 40 hours per week).
(b)
The impact of the project on the overall local job market at year one and year five.
(c)
Estimate of the amount of local labor to be used in the construction of the project and in employment. "Local" is defined as Village or county residents or businesses.
(d)
Analysis indicating the market of the proposed project and the area from which patrons will be attracted.
(e)
Evaluate the impact of the proposed project on commercial and/or retail vacancy rates in the proposed market area.
(f)
Estimate to what extent the proposed project would reduce the proposed market area's economic base by eliminating existing businesses.
(g)
Compare and evaluate the projected costs and benefits to the community resulting from the project, including:
[1]
Projected costs arising from increased demand for and required improvements to public services and infrastructure.
[2]
Value of improvements to public services and infrastructure to be provided by the project.
[3]
Projected tax revenues to the Village to be generated by the project in the first five years of business.
[4]
Projected impact of the project in the first five years on land values (both residential and commercial) and potential loss or increase in tax revenues to the Village of East Troy.
(4)
Traffic impact analysis. The Village may require that a traffic impact analysis be completed in accordance with the most current revision of the Traffic Impact Analysis Guidelines published by the Wisconsin Department of Transportation. In addition, the following provisions are required for all large developments:
(a)
All projects shall have direct access to an arterial or collector street deemed appropriate by the Plan Commission.
(b)
Vehicle access shall be designed to accommodate peak on-site traffic volumes without disrupting traffic on public streets or impairing pedestrian safety. This shall be accomplished through adequate parking lot design and capacity; access drive entry throat length; design, location, and number of traffic control devices; and sidewalks.
(c)
The site design shall provide direct connections to adjacent land uses if required by the Village.
(d)
Where the traffic impact analysis indicates that a project may cause off-site public roads, intersections, or interchanges to function below a level of service (LOS) C, the Village may deny the application, require a size reduction in the proposed development, and/or require the developer to construct and/or pay for required off-site improvements to achieve a LOS C for a planning horizon of a minimum of 10 years assuming full build-out of the development.
(e)
The Village has the option to require a trip generation study.
(5)
Detailed neighborhood plan. For a development exceeding 80,000 square feet in total gross floor area of all combined buildings within the development, the Village may require that a detailed neighborhood plan be submitted and approved by the Plan Commission and Village Board. The detailed neighborhood plan shall be prepared for all areas within 1,500 feet of the subject property, as measured from the outer perimeter of the subject property or group of properties proposed for development, and any other nearby lands as determined by the Plan Commission to be part of the defined neighborhood. The detailed neighborhood plan shall:
(a)
Contain the following specific elements at a scale of not less than one inch equals 400 feet:
[1]
Land use with specific zoning districts and/or land uses.
[2]
Transitional treatments such as berms and/or landscaping between areas with differing land uses or character.
[3]
Complete transportation network, including pedestrian and bicycle facilities and transit routes and stops, where applicable.
[4]
Conceptual stormwater management facilities.
[5]
Proposed public facility sites, including parks, schools, conservation areas, public safety facilities and public utility facilities.
[6]
Proposed community character themes, including building materials, landscaping, streetscaping, and signage.
(b)
Demonstrate that the proposed detailed neighborhood plan is in harmony with the land use, multi-modal transportation, utility, stormwater management, and community character provisions of the Village's Comprehensive Plan.
E.
Large development standards. In addition to the general exterior site and building design standards as provided in § 510-90, the following standards and regulations are applicable to all large developments. In the event that the applicant desires a deviation or exception from any requirements of this section, the applicant shall present justification for such deviation or exception, which may be approved or denied by the Village Board after recommendation by the Plan Commission.
(1)
Building location. Where buildings are proposed to be distant from a public street, as determined by the Plan Commission, the overall development design shall include smaller buildings on pads or outlots closer to the street. Placement and orientation must facilitate appropriate land use transitions and appropriate traffic flow to adjoining roads and neighboring commercial areas and neighborhoods and must advance community character objectives as described in the Village's Comprehensive Plan.
(2)
Building design. The building exterior shall complement other buildings in the vicinity and shall be of a design determined appropriate by the Plan Commission, including the following:
(a)
The building shall employ varying setbacks, heights, roof treatments, doorways, window openings, and other structural or decorative elements to reduce apparent size and scale of the building.
(b)
A minimum of 20% of the structure's facades that are visible from public streets shall employ actual protrusions or recesses with a depth of at least six feet. No uninterrupted facade shall extend more than 100 feet.
(c)
Ground floor facades that face and are within 300 feet of any public streets shall have arcades (i.e., a series of outdoor spaces located under a roof or overhang and supported by columns or arches), display windows, entry areas, awnings, or other such features along no less than 50% of their horizontal length.
(d)
The integration of windows into building design is required, and they shall be transparent, clear glass (not tinted or spandrel glass) between three to eight feet above the walkway along any facades facing a public street. The use of blinds shall be acceptable where there is a desire for opacity.
(e)
A minimum of 20% of all of the combined linear roof eave or parapet lines of the structure shall employ differences in height, with such differences being six feet or more as measured eave to eave or parapet to parapet.
(f)
Roofs with particular pitches may be required by the Village to complement existing buildings or otherwise establish a particular aesthetic objective.
(g)
Building facades shall include a repeating pattern that includes no fewer than three of the following elements: color change, texture change, material modular change, and/or expression of architectural or structural bay through a change in plane no less than 24 inches in width, such as an offset, reveal or projecting rib. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically.
(h)
Public building entryways shall be clearly defined and highly visible on the building's exterior design and shall be emphasized by on-site traffic flow patterns. Two or more of the following design features shall be incorporated into all public building entryways: canopies or porticos, overhangs, projections, arcades, peaked roof forms, arches, outdoor patios, display windows, and/or distinct architectural details. When additional stores located in the principal building exceed 30% of the gross floor area, separate entrances may be required by the Village for each such store that shall conform to the above requirements.
(3)
Screening.
(a)
All ground-mounted and wall-mounted mechanical equipment, refuse containers and any permitted outdoor storage shall be fully concealed from on-site and off-site ground-level views with materials identical to those used on the building exterior.
(b)
All rooftop mechanical equipment shall be screened by parapets, upper stories, or other areas of exterior walls or roofs so as to not be visible from public streets adjacent to or within 1,000 feet of the subject property. Fences or similar rooftop screening devices may not be used to meet this requirement.
(c)
Loading docks shall be completely screened from surrounding roads and properties. Said screening may be accomplished through loading areas internal to buildings, screen walls which match the building exterior in materials and design, fully opaque landscaping at time of planting, or combinations of the above.
(d)
Gates and fencing may be used for security and access, but not for screening, and they shall be of high aesthetic quality. Decorative metal picket fencing and screening is acceptable. Chain-link, wire mesh, or wood fencing is prohibited. Decorative, heavy-duty wood gates may be used.
(4)
Parking.
(a)
Parking lots in which the number of spaces significantly exceeds the minimum number of parking spaces required per land use in Article VI shall be allowed only with specific and reasonable justification.
(b)
Parking lot design shall employ interior, curbed landscaped islands at all parking aisle ends. In addition, the project shall provide landscaped islands within each parking aisle spaced at intervals no greater than one island per every 20 spaces in that aisle. Islands at the ends of aisles shall count toward meeting this requirement. Each required landscaped island shall be a minimum of 360 square feet in landscaped area.
(c)
Landscaped and curbed medians, a minimum of 10 feet in width from back of curb to back of curb, shall be used to create distinct parking areas of no more than 120 parking stalls.
(d)
For development exceeding 80,000 square feet in total gross floor area, and where the subject property abuts an area zoned or planned for residential, institutional, or office use, a minimum six-foot-high berm shall be provided. The berm shall be planted with a double row of white, green or blue spruce plantings, or similar species and varieties approved by the Village, and spaced 15 feet on center.
(5)
Bicycle and pedestrian facilities.
(a)
The entire development shall provide for safe pedestrian and bicycle access to all uses within the development, connections to existing and planned public pedestrian and bicycle facilities, and connections to adjacent properties.
(b)
Pedestrian walkways shall be provided from all building entrances to existing or planned public sidewalks or pedestrian/bike facilities. The minimum width for sidewalks adjacent to buildings shall be 10 feet, and the minimum width for sidewalks elsewhere in the development shall be five feet.
(c)
Sidewalks other than street sidewalks or building aprons shall have adjoining landscaping along at least 50% of their length. Such landscaping shall match the landscaping used for the street frontages.
(d)
Crosswalks shall be distinguished from driving surfaces to enhance pedestrian safety by using different pavement materials, or pavement color, or pavement textures, and signage.
(e)
The development shall provide secure, integrated bicycle parking at a rate of one bicycle rack space for every 50 vehicle parking spaces.
(f)
The development shall provide exterior pedestrian furniture in appropriate locations at a minimum rate of one seat for every 20,000 square feet of gross floor area.
(g)
The development shall provide interior pedestrian furniture in appropriate locations at a minimum rate of one bench seat for every 10,000 square feet of gross floor area. Seating in food service areas or other areas where food or merchandise purchasing activities occur shall not count toward this requirement. A minimum of four seats shall be located within the store, with a clear view through exit doors to a passenger pickup or dropoff area.
(6)
Central areas and features. Each development exceeding 80,000 square feet in total gross floor area shall provide a central area(s) and/or feature(s) such as a patio/seating area, pedestrian plaza with benches, outdoor playground area, water feature, and/or other such deliberately designated areas or focal points that adequately enhance the development or community. All such areas shall be openly accessible to the public, connected to the public and private sidewalk system, and designed with materials compatible with the building and remainder of the site and shall be maintained over the life of the building project.
(7)
Cart returns. A minimum of one two-hundred-square-foot cart return area shall be provided for every 100 parking spaces. Cart corrals shall be of durable, nonrusting, all-season construction and shall be designed and colored to be compatible with the building and parking lot light standards. There shall be no exterior cart return or cart storage areas located so as to block or otherwise conflict with customer doors, passenger or parcel loading areas, pedestrian or bicycle circulation areas, or vehicle circulation areas.
(8)
Outdoor display areas. Exterior display areas shall be permitted only where clearly depicted on the approved site plan. All exterior display areas shall be separated from motor vehicle routes by a physical barrier visible to drivers and pedestrians and by a minimum of 10 feet. Display areas on building aprons must maintain a minimum walkway width of 10 feet between the display items and any vehicle drives.
(9)
Outdoor storage. Exterior storage structures or uses, including the parking or storage of service vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, forklifts, trash, recyclables, and all other items, shall be permitted only where clearly depicted and labeled on the approved site plan; such outdoor storage uses and areas shall be appropriately screened as required by Subsection E(3).
(10)
Signage. The plan for exterior signage shall provide for modest, coordinated, and complimentary exterior sign locations, configurations, and color throughout the development, including outlots. All freestanding signage within the development shall complement on-building signage. Monument-style ground signs are required and shall not exceed a height of eight feet. Consolidated signs for multiple users may be required instead of multiple individual signs. The Village may require the use of muted corporate colors on signage if proposed colors are not compatible with the Village's design objectives for the area. The use of logos, slogans, symbols, patterns, striping and other markings, and colors associated with a franchise or chain is permitted and shall be considered as contributing to the number and area of permitted signs.
(11)
Natural resources protection. Each project shall meet the erosion control and stormwater management standards in the Village of East Troy Municipal Code. In addition, post-development runoff rates shall not exceed presettlement rates. In general, existing natural features shall be integrated into the site design as a site and community amenity. Maintenance of any stormwater detention or conveyance features is solely borne by the developer/owner unless dedicated and accepted by the Village.
F.
Additional requirements. All large developments are subject to the following additional requirements:
(1)
Where such a building is proposed as a replacement location for a business already located within the Village, the Village shall prohibit any privately imposed limits on the type or reuse of the previously occupied building through conditions of sale or lease.
(2)
The developer shall enter into a development agreement with the Village which shall include the payment of all utilities, including but not limited to stormwater, sanitary sewer, and street infrastructure. Off-site improvements may also be required as part of the development agreement.
(3)
No individual building shall exceed a total of 155,000 square feet in gross floor area. This cap may not be exceeded through the planned development process.
(4)
All buildings on outlots shall be of architectural quality comparable to the primary structure, as determined by the Plan Commission.
§ 510-110 (Reserved) [1]
[1]
Editor’s Note: Former § 510-110, Outdoor furnaces, was repealed 8-19-2019 by Ord. No. 2019-09.
§ 510-111 Administration and enforcement.
Determinations necessary for administration and enforcement of performance standards set forth in this article range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this chapter that:
A.
Where determinations can be made by the Zoning Administrator using equipment normally available to the Village or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued.
B.
Where technical complexity or extraordinary expense makes it unreasonable for the Village to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards, for protecting individuals from arbitrary, capricious, and unreasonable administration and enforcement of performance standard regulations, and for protecting the general public from unnecessary costs for administration and enforcement.
(1)
The Zoning Administrator shall give written notice, by certified mail or other means, ensuring a signed receipt for such notice, to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the Zoning Administrator believes there is a violation in fact and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Administrator.
(2)
The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the Zoning Administrator within the time limit set constitutes admission of violation of the terms of this chapter. The notice shall further state that upon request of those to whom it is directed, technical determination as described in this chapter will be made, and that if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate, but that if it is determined that no violation exists, the cost of the determination will be paid by the Village.
