HomeMy WebLinkAboutResolution 2014 (29)
Resolution No. 29 (2014)
RESOLUTION OF THE ST. CROIX COUNTY BOARD OF
SUPERVISORS APPROVING CREATION OF THE TOWN OF
TROY ZONING ORDINANCE
1 WHEREAS, the Town of Troy adopted Village Powers on April 7, 1959 at its Annual
2 Town meeting; and
3
4 WHEREAS, the Troy Town Board adopted a Comprehensive Plan per Wisconsin
5 Statutes §66.1001on April 9, 2009 and amended it on May 22, 2014; and
6
7 WHEREAS, on January 8, 1990 at a Special Town meeting, the Town of Troy adopted a
8 resolution authorizing the Troy Town Board to enact Town zoning ordinances; and
9
10 WHEREAS, on July 1, 2014 the Town of Troy Plan Commission held a public hearing
11 on a draft town zoning ordinance and approved a resolution recommending the Troy Town
12 Board adopt the town zoning ordinance; and
13
14 WHEREAS, on July 10, 2014 the Troy Town Board adopted a resolution, pursuant to
15 Wis. Stat. 61.3 5, to enact the town zoning ordinance; and
16
17 WHEREAS, §60.62(3), Wisconsin Statutes states that in counties having a county zoning
18 ordinance no town zoning ordinance or amendment is effective unless approved by the county
19 board; and
20
21 WHEREAS, St Croix County has a zoning ordinance; and
22
23 WHEREAS, the Community Development Department reviewed drafts of the proposed
24 Town of Troy Zoning Ordinance and provided recommendations on May 22, 2014 to the Plan
25 Commission and Town Board for their considerations; and
26
27 WHEREAS, the Community Development Committee reviewed the proposed Town of
28 Troy Zoning Ordinance, held a duly advertised public hearing on July 17, 2014 and recommends
29 approval.
30
31 THEREFORE, be it resolved by the St. Croix County Board of Supervisors that the Town
32 of Troy Zoning Ordinance attached hereto is hereby approved.
Sponsored By: Community Development Committee on July 17, 2014
Le-gal- Fiscal- Administrative Approvals:
Legal Note: none
Fiscal Impact: None
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St. Croix County Board of Supervisors Action:
Roll Call - Vote Requirement - Majority of Supervisors Present
RESULT: RECOMMENDED [UNANIMOUS]
MOVER: Jill Ann Berke, Supervisor
SECONDER: Daniel Hansen, Vice Chair
AYES: Agnes Ring, Jill Ann Berke, Daniel Hansen, Judy Achterhof, Shaela Leibfried
ABSENT: Susan Gausman
This Resolution was Recommend by the St. Croix County Board of Supervisors on August 5, 2014
Cindy Campbell, County Clerk
NOTICE OF PUBLIC HEARING AND PLAN COMMISSION
MEETING CONCERNING DRAFT TOWN ZONING ORDINANCE
AND MAP
PLEASE TAKE NOTICE THAT the Town of Troy Plan Commission is
considering recommending that the Troy Town Board adopt a Town Zoning
Ordinance and Official Zoning Map that would establish zoning districts and
zoning regulations applicable to all property in the Town of Troy, excluding only
land now in the Extraterritorial Zoning District adjacent to the City of River Falls,
as this area is jointly zoned by the City and the Town. That situation will remain
unchanged if the Town assumes zoning jurisdiction over the remainder of the
property in the Town, which is now zoned by St, Croix County.
A copy of the draft Town Zoning Ordinance and draft Official Zoning Map
is posted on the Town website at towntroy@baldwin-telecom.net and can also be
obtained by contacting the Town Clerk/Treasurer at 715- 425-2665.
A PUBLIC HEARING ON THE PROPOSED ZONING ORDINANCE and
PROPOSED OFFICIAL ZONING MAP will be held by the Town Plan
Commission on July 1, 2014, at 6 p.m. at the Town Hall, 654 Glover Road
Hudson, WI 54016
PLAN COMMISSION MEETING
Immediately following the public hearing on July 1, 2014, the Plan
Commission will meet to discuss and consider the draft Zoning Ordinance and
proposed Official Zoning Map and any comments received during the public
hearing, and to take decide on whether to recommend the draft Zoning
Ordinance and draft Official Zoning Map to the Town Board for adoption, with or
without any further amendments. The Plan Commission meeting will be held at
the Troy Town Hall, 654 Glover Road, Hudson WI 54016, immediately, after the
public hearing.
TOWN -f TROY
654 Glover Road, Hudson, WI 54016
Phone: (715)425-2665 Fax: (715)425-2551
June 13, 2014
St. Croix County Community Development
Attn: Agnes Ring
1101 Carmichael Road
Hudson, WI 54016
Dear Agnes.
Enclosed is a revised draft of Town of Troy Code Chapter 170, the Town's Zoning
Ordinance and Official Map, dated 06.12.14. This draft was approved for public hearing
and action by the Plan Commission and Town Board during meetings on June 12, 2014.
The Plan Commission will conduct a public hearing concerning this draft Ordinance and
Map July 1, 2014. We anticipate that the draft Ordinance and Map will be approved by
the Town Board when it meets on July 10, 2014, contingent on County Board approval.
The Town requests that the 06.12.2014 draft Zoning Ordinance and draft Official Map be
placed on the 07.17.2014 agenda of the County's Community Development Committee
for Committee review and recommendation for approval by the County Board of
Supervisors when it meets on 08.05.2014.
Thank you for the County staff review of the April 10, 2014 draft of the ordinance and
for the letter dated 05.22.2014 from Ellen Denzer and Kevin Grabau that summarized and
provided those comments to the Town. The comments from the County were extremely
helpful. Thinking through them, related issues and developing responses has improved
the contents of the Town's draft ordinance. The enclosed draft contains highlighting and
strike-outs to illustrate all substantive changes made to the document since the 04.10.14
draft was produced. A "clean" copy, with the annotations removed, is also enclosed.
Most of the changes suggested in the County letter of 05.22 are incorporated in this draft.
The rest of this letter addresses the County suggestions that have do not appear int the
enclosed draft Ordinance, in order to provide you with the Town's reasoning:
Section A, on Definitions:
The definition of Hard Surfaces did not change. The Town's concern is more
locational, and related to creation of an additional application/market for development
rights, than it is with the materials being used in the locations and for the purposes
mentioned in the definition. This definition, and the related provisions concerning Hard
Surface in the draft Ordinance, are not intended to address stormwater management or
erosion control regulation
The Town's definition of Net Project Area still states that such area need not be
contiguous. The Town realizes that this differs slightly from how the County uses the
term in on its subdivision ordinance, giving rise to an expressed concern over future
problems in application and interpretation. We think this need not be the case as it may
not be exactly what the County's regulatory system requires, the County's Land Division
Ordinance gives the County the latitude to work with this provision in the Town's
Ordinance and the more restrictive requirement can be the one that controls on individual
lot creation in any event.
The Town's definition of Net Project Area is identical to the definition of the term
in the Town's Lower St Croix Riverway Ordinance (LRZO). A Town representative
involved in the development of the Town's LRZO and all subsequent amendments
indicates that the WI DNR reviewed and approved the Town's LRZO with this language
in it. Nothing in NR118 requires that net project area be contiguous, (see NR 118.03
(27), and it is not a requirement of the County's LRZO (See definition in § 17.09.137 and
in § 17.36.G. Lb.)
The "contiguous" requirement and its relationship to net project area appears to
come from the County's Land Division Ordinance, which defines "contiguous building
area" in § 13.1313.6. The definition itself does not expressly require contiguity of
buildable area; it simply defines the term as being the available area of a lot for structures
after excluding area site features such as wetlands, slopes, setback area and roads. The
nature of how this definition could operate on a given piece of land allows for potential
separation on the site of buildable area by excluded site characteristics. Chapter 13 first
refers to a "net contiguous buildable area" requirement in the design standards section
concerning lot area standards 13.7.G.2.a) that requires "net contiguous buildable area"
of .5 acres or more in size that is capable of accommodating a building site. "Net" need
mean nothing more than what is left after excluding the area mentioned in the definition.
That same section 13.7.G.2.g) authorizes the County to set different minimum area
standards in towns like Troy with pre-existing subdivision ordinances with clustering
provisions, so long as the average density required in the underlying zoning district is
maintained. This will be the case regardless of whether net project area is contiguous or
not.
"Net project area" from the County's standpoint appears to be concerned with
identifying buildable space on individual lots on which structures can be built. So long as
site features requiring preservation such as roads, slopes and water features are identified
and protected, the Town's position remains that the area need not be fully contiguous.
Such a requirement will have the effect of requiring larger lots and creating additional
non-conforming existing lots, and it may not be required in every case by the express
terms of the County's Land Division Ordinance, or as it is applied in the Town of Troy.
Moreover, the more restrictive requirement can apply on a case by case basis, if it must.
See St Croix County Zoning Ordinance § 17.06 (4)
The definition of Outlot has been supplemented to clarify that the only
development allowed would be in support of use of the land as open acres. Under the
Town's Subdivision Ordinance, open acres are specifically and carefully defined. In the
draft Zoning Ordinance, open acres are a subcategory of open space. Both categories
assume undeveloped land.
Section D, on structure separation standards in the Traditional Residential
District. The Town carefully considered the matter and decided against making the
suggested separation requirement. Consensus was that with the "country-sized" lots at
issue and the type of fire-fighting and emergency vehicles in use in the Town, access
should not be a problem.
Section F, Exclusive Ag: The Town does not intend to participate in the Chapter
91 programs or incentives that are accessible only through the County's Farm
Preservation Plan and Farmland Preservation Zoning, because the County's programs are
fundamentally incompatible with the market-driven and funded framework of programs
for the preservation of farmland that began 15 years ago in the Town of Troy. The
Town's density and rezoning requirements are sufficiently different from the County's as
to be incapable of reconciliation. The Town's carefully developed definitions for
agriculture and agricultural uses also differ from the County's, and better protect the mix
of lifestyle and economic interests of Town residents, given the Town's proximity to I-
94, the Twin Cities, and its location between the cities of Hudson and River Falls and on
the banks of the St Croix River. This location means that, in addition to having rich, deep
topsoil in Mann Valley and other area of the Town that it is important to preserve, Troy
must balance those interests with relentless and inevitable residential development
pressure, as it has for years primarily through the terms of Town Code Chapter 135, its
Subdivision Ordinance.
After receiving the strong and unanimous recommendation of its Plan
Commission, which was preceded by study and similar recommendations from the
Town's Farmland Preservation Committee and Commercial Committee, the Town Board
voted unanimously on September 12, 2013, to opt out of the proposed St Croix County
Farm Preservation Plan and to not pursue the creation of a Town-level Farm Preservation
Plan compatible with Chapter 91 of the state statutes. Consensus at the Town level is that
the financial rewards (primarily tax credits) available through compliance with the state
certification requirements are not as great as those available locally under Town
programs, and that the Town has a successful program already in place that it would have
to modify substantially or eliminate altogether to participate in programs in compliance
with state certification standards. It is noteworthy that Agricultural Enterprise Areas also
remain available as a means to access state tax credits in the future.
Since 1999, Troy's farmland preservation program has been implemented through
town-level subdivision and rezoning-based requirements that arise when land is rezoned
from exclusive ag zoning for subdivision and development, coupled with the financial
incentives of a publicly created, privately funded, transfer of development rights
program, in place for ten years, that facilitates the sale and movement of residential lot-
creation rights from eligible farmland to land in the Town already being rezoned and
subdivided. Under this system, the private purchase and Town-facilitated transfer of
development rights allows for more and smaller subdivision lots than would otherwise be
available under the Town's standard lot size and density requirements. The TDR
program also permanently preserves the farmland from which the development rights are
removed, keeping if available for agricultural purposes by using conservation easements
that exist in perpetuity and make it impossible to later subdivide the land from which
development rights have been removed.
This program and the aspirations of Town residents concerning the use of their
land make it important that the Town be able to provide its residents and land owners
with a broader range of ag-related uses and greater flexibility to work with those options.
The greater length of time available for Ag-Tourism activities in the Town without the
need for a conditional use permit is an example. The Town's list of uses in the Ag
district in the Town draft ordinance is of necessity more connected to the provisions of
the Town's Subdivision Ordinance related to the preservation of open acres and
development rights transfers more than to the after-developed County Farm Preservation
Plan.
Thus, the Town's draft zoning ordinance noncompliance with the state's changes
to Chapter 91 on farmland preservation and with the rules of ATCP 49 is not inadvertent,
as the County's 05.22.2014 letter to the Town with comments on the draft may have
assumed. It is the result of considerable thought and dialog about the adverse effect of
meeting those requirements on the Town's market-driven, privately funded program for
preservation of farmland. These are programs that Town officials believe are better
suited than the State's to a town like Troy, which must manage tremendous pressure for
residential and commercial development and the expressed desires of current and future
residents to pursue small-scale farming and related enterprises from their homes and who
want to be able to do so while at the same time preserving the tremendously high quality
farmland in the Town and keeping it available for large and small scale agricultural and
related enterprises.
We are not aware of any statute or administrative code provisions that require a
town with town-level zoning in a county with a certified farmland preservation plan and
zoning ordinance to incorporate state-certifiable farmland preservation zoning principles
into the town zoning ordinance, nor are we aware of this being a requirement for a county
farm preservation plan as a condition of state certification. Rather, it appears that the
state farmland preservation program is a combination of tax-credit incentives and
certification-based requirements to access those incentives, so that it is, fundamentally,
optional at the municipal level. In Troy, sound and established land use policies make
participation in the County and State farmland preservation programs problematic and
inconsistent with the Town's policies and programs for the preservation of farmland in
the Town.
Section G, Conservancy Uses and Setbacks: The setback and allowable uses
language have been revised in an effort to accommodate the County's stated concerns
about both items, while still reflecting the greater front-side setbacks in effect elsewhere
in the Town.
Section H, Manufactured Home Communities. Some revisions have been made
to this Section. The Town Attorney believes the standards in that Section to be legally
defensible.
Section P Industrial District The Town Attorney believes the standards in that
Section in §3.c) to be legally defensible.
Section S, Signs. This Section has been substantially revised to be more
consistent with the findings, purposes, effects and other regulations found in County
Section 17.65, on Sign Regulations. Use of portable signs and electronic reader boards
are allowed, these being notable differences from the County's regulations. As a result
of those revisions, The Town Attorney now believes the resulting standards in Section S
to be legally defensible.
Section T, Mobile Service Facilities and Support Structures. This Section has
been revised to reflect the regulatory restrictions placed in the most recent state budget
bill.
Section U, Nonconforming Uses. The original language should accurately reflect
the current statutory provision on the 50% rule and Act 170. If County staff thinks
otherwise, more specificity will help the Town to address the issue.
The Town appreciates the thoughtful review of its draft ordinance by County
development staff. If any absolute barriers remain that will prevent staff from
recommending approval of the draft Town Zoning Ordinance and draft Official Map to
the Community Development Committee and Board of Supervisors, please notify the
Town at once. Town representatives would then request an immediate meeting, in hopes
of preserving the Town and County's schedule for County approval of the
Ordinance/Map and transfer of zoning jurisdiction as described in it to the Town.
We look forward to working with the County on a smooth transition of zoning
jurisdiction in the Town.
Sincerely,
Daniel Pearson,
Chairperson, Town of Troy
Encl.
RESOLUTION NO. 2014 - 08
TOWN OF TROY
APPROVING TOWN ZONING ORDINANCE AND OFFICIAL
ZONING MAP
WHEREAS, on April 7, 1959, the Annual Town Meeting of electors for the
Town of Troy took action to adopt village powers and authorize the Troy Town
Board to enact ordinances pursuant to what is now Wis. Stat. 60.10 (2) (c)
and 61.35; and
WHEREAS, on January 8, 1990, a Special Town Meeting of electors for
the Town of Troy took action to authorize the Town Board to enact Town zoning
ordinances pursuant to what is now Wis. Stats. §60.10 (2) (h): and
WHEREAS, the Town Board has referred the matter of zoning in the Town
to the Town Plan Commission and requested its preparation of a draft zoning
ordinance and draft zoning map; and
WHEREAS, the Plan Commission has worked with multiple sub-
committees of Town representatives during the development process, also with
Cedar Corporation planners and engineers and with Town legal counsel and has
itself met and discussed the ordinance and map under development on
numerous occasions over a period of years and has created a draft zoning
ordinance and draft zoning map through that process that it has presented for
preliminary and cooperative review and consideration by and with the Town
Board; and
WHEREAS, as part of that process there were periodic reports in the
Town's newsletter and at Plan Commission and Town Board meetings; and
WHEREAS, also as part of that development process the Town Board
held a properly noticed public informational meeting on the draft zoning
ordinance and draft zoning map on May 15, 2014; and
WHEREAS, and notwithstanding the Special Town Meeting's grant of
zoning power to the Town Board, Wis. Stats. §60.62 (3) requires that because
the Town is located in a county with a zoning ordinance, the draft Town zoning
ordinance and draft zoning map must be approved by the St Croix County Board
of Supervisors as a prerequisite to its being put into effect in the Town; and
WHEREAS, as part of that approval process and upon County request, a
draft of the Town's zoning ordinance and draft zoning map was submitted to St.
Croix County Community Development Department for review and comment in
April of 2014, the Plan Commission received the County zoning staff's comments
on May 22, 2014, carefully considered said comments and made modifications
and improvements to the draft zoning ordinance as a result; and
WHEREAS the Town of Troy's draft zoning ordinance and draft zoning
map with the modifications and improvements made by the Plan Commission in
response to County staff review is attached hereto and incorporated herein as
Exhibit "A", which draft zoning ordinance and draft zoning map was also
reviewed by the Plan Commission and this Town Board on June 12, 2014, at
which time a public hearing before the Plan Commission and concerning the said
draft zoning ordinance and draft zoning map was scheduled and properly noticed
pursuant to Wis. Stats. §62.23 (7) (d); and
WHEREAS, the adoption of the Town's draft zoning ordinance and draft
zoning map effectuates the transfer of zoning jurisdiction in the Town to the Town
of Troy from St Croix County; and
WHEREAS, in Chapter 170 Section C Subsection 4, the draft zoning
ordinance provides that all previously issued County-issued special exception
permits, conditional use permits and variances that have been identified in the
summary of prior County action to that effect in the Town, that is attached hereto
and incorporated herein as Exhibit "B" and, if not shown in Exhibit "B", then
where a landowner can produce specific proof of official County action that is
sufficient and satisfactory to the Town, will be treated by the Town under its
zoning ordinance as nonconforming uses that are separately and additionally
subject to and protected by the terms and conditions of such previous County
action; and
WHEREAS, Town representatives have reviewed the available County
records in the possession of the St Croix County Clerk concerning applicable
conditional use permits (sometimes referred to in County records as "special
exceptions") and variances previously authorized by St Croix County and
affecting property in the Town of Troy, that attached Exhibit "B" is the result and
summary of that examination and that Exhibit "B" is intended to describe such
actions previously taken by St Croix County and for which records have been
located; and
WHEREAS, on July 1, 2014, the Plan Commission held a properly noticed
public hearing as required by Wis. Stats 62.23(7) (d) to consider and decide
whether to recommend that the Town Board approve and adopt the draft zoning
ordinance and zoning map attached hereto as Exhibit "A"; and
WHEREAS, following the said public hearing the Plan Commission
discussed and considered all public comments received before and during the
public hearing and recommended to this Town Board that the draft zoning
ordinance and draft zoning map, attached hereto and incorporated herein by
reference as Exhibit "A" and including the preexisting, nonconforming uses and
terms identified in Exhibit "B", be approved by the Town Board with an the
effective date for the said ordinance of October 1, 2014.
NOW THEREFORE, BE IT RESOLVED:
That the Town of Troy Town Board hereby approves and adopts the June
12, 2014 version of the Town Zoning Ordinance and Zoning Map, both of which
are attached hereto as Exhibit "A" and incorporating Exhibit "B", a summary of
nonconforming uses subject to the terms of previous County zoning action;
BE IT FURTHER RESOLVED and that the Town Clerk/Treasurer is
directed to forward the adopted Town Zoning Ordinance and Map to the St. Croix
County Board of Supervisors for its approval; and
BE IT FURTHER RESOLVED that upon and following its approval by the
St Croix County Board of Supervisors, and such publication as is required by law,
the effective date in the Town of Troy of the attached Zoning Ordinance and
Official Zoning Map shall be October 1, 2014.
Passed and adopted by the Town oard of the Town of Troy, this 10th
day of July, 2014 on a vote of 5 t e.,w
Daniel Pearson, Town Chair
Attest:
Jeri ~f r dark, Mown dkrk/Treasurer
Land Uses in the Town of Troy known to Have Been the Subject of Action Conferring Conditional Use
Permits, Special Exception Permits or Variances Pursuant to St. Croix County Zoning Authority
Tax Parcel /D# Owner/Recipient Area Date Use(s) Affected
Affected
040-9999-00-027 Stout, Dr. Lorea 5.12 Acres 1974-08-22 Animal Units
040-9999-00-148 Schweizer FamilyTrust N/A 1976-04-28 Communication
Towers
040-9999-00-062 Dairyland Power N/A 1976-12-22 Utilities
040-9999-00-107 Roshwald, Mordicai N/A 1980-05-27 Utilities
040-9999-00-008 Brummel, David N/A 1982-05-25 Limited Commercial
Activity
040-9999-00-024 River Falls Cable TV N/A 1984-02-28 Communication Towers
Co. Inc. -
040-9999-00-025 River Falls Cable TV N/A 1984-02-28 Communication
Co. Inc. Towers
040-9999-00-019 Rohl, Harold N/A 1984-05-22 Non-Metallic
Mining
040-9999-00-119 Rohl, Harold N/A 1984-05-22 Non-Metallic Mining
040-9999-00-043 Juelfs, Clayton N/A 1984-11-27 Farm Use
Structures
040-9999-00-076 Rohl, Leo N/A 1985-07-30 Communication
Towers
040-9999-00-148 Schweizer Family N/A 1986-04-22 Utilities
Trust
040-9999-00-108 Wisconsin Bell N/A 1986-12-16 Utilities
040-9999-00-143 Wolf, Mark.F N/A 1987-08-25 Limited Commercial
Activity
040-1032-95-000 Mathy Construction N/A 1988-08-25 Temp Asphalt
Co. Inc. Plant
040-1051-10-100 Rohl, Leo 6.00 Acres 1989-04-27 Non-Metallic Mining
040-9999-00-020 Rohl, Leo N/A 1989-04-27 Non-Metallic Mining
See August 1989 Record Speer/Zejdlik TBD 1989-09-25 Vet Clinic
040-1048-90-000 Rohl Limestone Inc. 40.000 Acres 1990-04-26 Non-Metallic Mining
Mining
040-1050-60-000 Rohl Limestone Inc. N/A 1990-04-26 Non-Metallic Mining
040-1050-90-000 Rohl Limestone Inc. N/A 1990-04-26 Non-Metallic Mining
Exhibit B 1
Tax Parcel /D# Owner/Recipient Area Date Use(s) Affected
Affected
040-9999-00-002 Cernohous, Virgil J N/A 1990-06-28 Salvage Yard
040-9999-00-032 Magnusson, Dale N/A 1990-09-27 Animal Units
040-9999-00-050 Hahn, Michael J N/A 1991-07-25 Two Family Housing
040-9999-00-042 Karlson, Richard 120 1992-01-29 Farm Use
Structures
040-9999-00-038 Kraemer & Sons 1992-03-24 Non-Metallic Mining
040-1040-60-000 Huehn, David N/A 1992-09-24 Auto Repair
040-1103-10-000 O'Malley, Patrick N/A 1992-09-27 Recreation Facilities
040-1103-20-000 O'Malley, Patrick N/A 1992-09-27 Recreation Facilities
040-9999-00-130 Rodahl, Donald N/A 1992-10-29 Sign
040-1044-20-000 Anding, Fritz 35.000 Acres 1993-04-22 Non-MetallicMining
040-1160-20-110 Reid, Michael 7.220 Acres 1993-07-22 Home Occupation
040-1103-20-110 O'Malley, Patrick N/A 1993-08-26 Temp Occupancy
040-1103-40-000 O'Malley, Patrick N/A 1993-08-26 Temp Occupancy
040-1058-80-000 Young, Jean 0.510 Acres 1993-11-10 Home
Occupation
040-1059-60-000 Young, Jean 0.950 Acres 1993-11-10 Home Occupation
040-1024-80-000 Featherstone, Todd N/A 1993-12-22 Contractor
Storage Yards
040-9999-00-038 Kraemer and Son Inc. N/A 1994-09-22 Non-Metallic Mining
Mining
County Road N Moelter, Gary & Brian TBD 1994-10-27 Grain/Truck Operation
040-1062-60-000 Morrow, Harold D 12.000 Acres 1995-02-23 Truck Terminal
040-1063-20-000 Morrow, Harold.D 30.800 Acres 1995-02-23 Truck Terminal
040-1050-60-000 Rohl Limestone Inc. N/A 1995-03-29 Non-Metallic Mining
040-1050-90-000 Rohl Limestone Inc. N/A 1995-03-29 Non-MetallicMining
040-1062-60-000 Morrow, Harold D 1995-08-25 Driveway Separation
Exhibit B 2
Tax Parcel ID# Owner/Recipient Area Date Use(s) Affected
Affected
040-1044-20-000 Anding, Fritz 35 Acres 1995-10-19 Non-Metallic
Mining
040-1045-60-000 Hoffman, Janet 2.788 Acres 1996-02-19 Home Occupation
040-1051-50-000 Galep, Ray N/A 1996-03-27 Communication
Towers
040-1038-10-000 Marson, Thomas (Family Trust) N/A 1996-04-25 Airstrips
040-1038-70-000 Marson, Thomas (Family Trust) N/A 1996-04-25 Airstrips
040-1051-50-000 Galep, Ray 10.000 Acres 1996-11-21 Communication
Towers
040-1114-95-000 Ashford, Al 5.122 Acres 1997-03-27 Contractor
Storage Yards
040-1159-50-000 Van Keuren, Richard 3.720 Acres 1997-04-24 Recreation Facilities
040-1220-10-000 Saddle Ridge Development Corp N/A 1998-03-26 Other
040-1220-20-000 Saddle Ridge Development Corp N/A 1998-03-26 Other
040-1220-50-000 Saddle Ridge Development Corp N/A 1998-03-26 Other
040-1220-60-000 Saddle Ridge Development Corp N/A 1998-03-26 Other
040-1220-70-000 Saddle Ridge Development Corp N/A 1998-03-26 Other
040-1220-80-000 Saddle Ridge Development Corp N/A 1998-03-26 Other
040-1160-95-000 Convey, Colleen 1.860 Acres 1998-05-28 Home Occupation
040-1161-10-000 Convey, Colleen 2.670 Acres 1998-05-28 Home Occupation
040-1050-60-000 Rohl Limestone Inc. N/A 1999-01-28 Non-Metallic Mining
040-1012-50-000 Ray, David 5.110 Acres 1999-04-22 Temp
Occupancy
040-1118-90-000 Bock, Jeffrey N/A 1999-12-16 Contractor
Storage Yards
040-1159-50-000 Van Keuren, Richard 3.720 Acres 2000-02-24 Home Occupation
040-1159-90-000 Van Keuren, Richard 5.000 Acres 2000-02-24 Home Occupation
040-1160-40-000 Swanson, Ken 26.3 Acres 2000-02-24 Animal Units
040-1082-90-000 Sylla, Paul 1136.200 Acres 2000-03-23 Limited Commercial
Activity
Exhibit B 3
Tax Parcel ID# Owner/Recipient Area Date Use(s) Affected
Affected
040-1063-20-000 Morrow, Harold 30.310 Acres 2001-02-22 Commercial Use
040-1103-80-000 Warren, Carl/Susan/ Sprint/ N/A 2002-04-02 Communication Towers
Harrington
040-1063-20-000 Morrow, Harold N/A 2003-05-29 Commercial Use
040-1059-10-000 Town OfTroy 3.170 Acres 2003-07-05 Governmental Use
040-1275-50-000 Sylla, Mark 50.000 Acres 2003-09-25 Animal Units
040-1059-10-100 Dairyland Power N/A 2004-01-07 Substation
040-1124-95-000 Kusilek, Chris N/A 2004-02-19 Other
040-1125-10-000 Kusilek, Chris N/A 2004-02-19 Other
040-1125-60-000 Kusilek, Chris N/A 2004-02-19 Other
040-1014-20-000 Bjerstedt, Todd N/A 2004-12-05 Commercial Use
040-1048-90-000 Rohl, Chris TBD 2006-06-22 Non-Metallic Mining
040-1103-10-000 Kilkarney Hills Golf Club TBD 2006-06-22 Clubhouse Expansion
040-1041-60-000 Anderson, Todd TED 2006-07-27 Contractor Storage
Yard
040-1041-60-000 Anderson, Todd TBD 2006-07-27 Contractor Storage
Yard
040-1015-80-000 Teens for Christ TBD 2006-08-24 Sign
040-1108-50-100 Anderson, Doug TED 2007-03-23 Contractor Storage
Yard
040-1009-90-000 Domino, Todd TBD 2007-08-23 Contractor Storage
Yard
040-1155-80-000 Murr, Donna TED 2007-11-29 Flood Plain in Riverway
040-1155-85-000 Murr, Donna TED 2007-11-29 Flood Plain in Riverway
040-1035-95-000 Heartland Montessori School TBD 2008-06-26 Institutional Use
040-1001-20-000 Gloria Knott, German Settlement TBD 2009-02-26 Cemetery
Cemetery
040-1289-10-000 O'Leary/LeFever TBD 2009-05-28 Horse Operation
040-1015-80-000 Teens for Christ TBD 2009-12-22 Temporary Tabernacle
Public Useage
Exhibit B 4
Tax Parcel ID# Owner/Recipient Area Date Use(s) Affected
Affected
040-1044-10-050 Troy Development Corp N/A 2011-08-05 Driveway Standards
040-1289-10-000 O'Leary, Thomas and Kathleen N/A 2011-08-05 Animal Units
040-1048-90-000 Rohl Limestone SE Mine TBD 2011-08-25 Non-Metallic Mining
040-1050-60-050 Rohl Limestone SE Mine TBD 2011-08-25 Non-Metallic Mining
040-1050-90-050 Rohl Limestone SE Mine TBD 2011-08-25 Non-Metallic Mining
040-1038-60-250 Hendricks Investments/Dan TBD 2013-05-23 Commercial Use
Koepke Winery
040-1000-80-000 Bast, Kernon TBD 2013-07-25 Filling and Grading
Exhibit B 5
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Town of Troy Zoning Ordinance, Chapter 170 Sr -0 77,)011
9yC~0/~ TABLE OF CONTENTS C
OC00
CHAPTER 170 ZONING ORDINANCE ~COPM
Section # Section Description Page Number
170-A Introduction and Definitions 2
170-B General Requirements 17
170-C Zoning Districts 18
170-D Traditional Residential District (TR-RES) 20
170-E Agricultural Residential District (AG-RES) 20
170-F Exclusive Agricultural District (AG) 26
170-G Conservancy District (C) 29
170-H Manufactured Home District (MH) 30
170-1 Traditional Commercial District (COM-TR) 35
170-J Land Eligible for Commercial Zoning Overlay District (LECR) 36
170-K Commercial Districts: General Standards for All Categories of
Commercial District 37
170-L Office Park - Medical Clinic Commercial District (COM-OP/MC) 50
170-M General Retail and Service Commercial District (COM-GR/S) 51
170-N Town Center-Commercial District (COM-TC) 51
170-0 Limited Commercial District (COM-LTD) 52
170-P Industrial District 52
170-Q Traffic, Visibility, Parking and Access 54
170-R Home Occupations 57
170-S Signs, Canopies, Awnings and Billboards--------------------------------------------------- 60
170-T Antennas, Mobile Service Facilities and Mobile Service Support Structures------------ 76
170-U Non-Conforming Uses, Structures and Lots 85
170-V Conditional Uses 86
170-W Performance Standards 91
170-X Changes and Amendments 92
170-Y Board of Appeals; Variances 94
170-Z Administration 97
Town of Troy Zoning Ordinance, Chapter 170
Chapter 170
Section A
Introduction and Definitions
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1. Title j
The Title of this Chapter is the "Town of Troy Zoning Ordinance", referred to herein as the "Ordinance" or "this Chapter".
2. Authority
The Town Board of the Town of Troy has general zoning authority, powers and duties pursuant to Wis. Stats. 60.10; 60.22;
61.35; 60.62; and 62.23; also pursuant to the other specific statutory authority as noted elsewhere in this Ordinance; also
pursuant to the Town's assumption of village powers at its Annual Town Meeting on April 7;1959 and pursuant to the action
by Town electors at a Special Town Meeting on January 8, 1990, to authorize the Town Board to enact Town zoning
ordinances.
3. Purpose
The purpose of this Chapter is to promote the health, safety, prosperity and general welfare of the residents and landowners
in the Town of Troy, through the establishment and enforcement of regulations governing the use of land in the Town and by
providing penalties for the violation of its provisions. To these ends, this Ordinance shall divide the Town into districts and
regulate the location, construction, alteration, enlargement and use of structures and land in the Town.
4. Intent
It is the general intent of this Chapter to:
a) Aid in implementing the Town's Comprehensive Plan;
b) Regulate the use of all structures, lands and waters;
C) Provide for compatibility of land uses;
d) Promote the preservation of agricultural and conservation areas within the Town.
e) Provide opportunities for limited, desirable commercial development while reducing the property tax burden for
residential property. I
f) Further the appropriate use of land and conservation of natural resources;
g) Preserve and promote the beauty and rural atmosphere of the Town;
h) Promote a fair, equitable and balanced application of reasonable zoning regulations for the Town and its residents.
i) Regulate lot and population density so as to lessen congestion and promote the safety and efficiency of the streets
and highways and protect farm land and open space uses;
D Prevent overcrowding; avoid undue population concentration;
k) Facilitate the provision of public facilities and utilities;
1) Stabilize and protect property values;
m) Secure safety from fire, flooding, panic and other dangers;
n) Provide adequate light, air, sanitation and drainage;
o) Provide for the administration and enforcement of this Chapter and to provide penalties for its violation.
5. Repeal of Prior Chapter 170, Abrogation and Greater Restrictions
The current Chapter 170 in this Code of Ordinances, adopted by the Town Board on March 12, 1990, and as amended
thereafter, is repealed on the effective date of this Chapter. With this exception, it is not otherwise intended by this Chapter
to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements,
ordinances, rules, regulations or permits previously adopted or issued pursuant to law. However, where this Chapter imposes
greater restrictions, the provisions of this Chapter shall govern.
6. Severability
If any specific portion of this Chapter is held to be unconstitutional, unlawful or invalid by a court of competent jurisdiction,
the remainder of this Chapter shall be unaffected and remain in full force and effect.
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Town of Troy Zoning Ordinance, Chapter 170
7. Effective Date
This Chapter shall be eff ective after a public hearing, adoption by the Town Board and publication or posting as provided by
law.
S. Interpretation
The provisions of this Chapter shall be held, interpreted and applied as minimum requirements and shall be liberally construed
in favor of the Town and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes or
in conflict with the provisions of any other ordinances of the Town of Troy.
a) For the purpose of administering and enforcing this ordinance, the terms or words used herein shall be interpreted
as follows:
(1) Words used in the present tense include the future: in the singular include the plural and in the plural include
the singular.
(2) The word "shall" is mandatory, not permissive.
(3) All distances, unless otherwise specified shall be measured horizontally.
(4) All definitions that refer to Wisconsin Statutes shall incorporate any revisions or amendments to statutory
language.
9. Definitions
a) For the purposes of this Chapter, the following definitions shall be used:
(1) Accessory Structure. A subordinate structure, the use of which is incidental to and customarily found in
connection with the principal structure or use of the property. Subject to more specific requirements and
limitations contained in the specific zoning districts, accessory residential structures may include, but are
not limited to, garages, carports, sheds, barns, gazebos, boathouses, swimming pools, guest houses or
cottages, bunk houses and garden houses. Attached garages, attached carports and decks are considered
part of a residential structure, not an accessory structure or building.
(2) Accessory Use. A use subordinate to and serving the principal use located on the same lot and customarily
incidental thereto. It must also be subordinate in area, extent or purpose to the principal building or use
served. Accessory uses include, but are not limited to, family daycare, home occupations, and seasonal
roadside stands.
(3) Advertising Sign. Outdoor. A structural poster panel or painted sign, either free standing or attached to the
outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a
subject either related or unrelated to the premises upon which located.
(4) Advertising Structure, Outdoor. Anything constructed or erected, either free standing or attached to the
outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a
subject either related or unrelated to the premises upon which located.
(5) Agricultural Related Use. A facility, whether or not located on a farm, with at least one of the following as
a primary, and not incidental, purpose: (a) providing agricultural supplies, agricultural equipment,
agricultural inputs or agricultural services directly to farms; (b) storing, processing or handling raw
agricultural commodities obtained directly from farms. Manufacturing and implement dealerships are
excluded.
(6) Agricultural Tourism. An enterprise or business that is farm-based and that combines the elements and
characteristics of agriculture and tourism. Agricultural Tourism includes a wide array of farm and farm-
related activities including nature based tourism, fishing, hunting, wildlife study, horseback riding, day
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Town of Troy Zoning Ordinance, Chapter 170
camps, hands-on-chores, cannery tours, cooking classes, wine tasting, on-farm museums, harvest festivals,
seasonal craft sales offering predominantly locally produced craft items, barn dances, "petting" farms,
weddings, overnight farm or ranch stays, guided tours, on-farm direct sales, "pick-your-own" operations, Ir
roadside stands, and farmers markets.
i
(7) Agricultural Use. General farming including beekeeping, egg production, floriculture, forest management, !
domestic livestock, dairy, poultry raising, sod farming, roadside stands selling only produce from the farm
operation on the premises by members of the farm family, nurseries, greenhouses, vegetable raising,
raising of crops and other similar uses, including placing land in federal programs for commodity payments
or enrolling land in the conservation reserve program under 16USC 3831 to 3836 but excluding farms
operated for the disposal or reduction of garbage, sewage, rubbish or offal.
(8) Animal Waste. Manure, milking center waste and other organic waste generated by livestock, farm
animals, or any number combination of animal units or portion thereof. It includes animal bedding, water,
soil, hairfeathers and other debristhat becomes intermingled with animal excreta in normal waste handling
operations.
(9) Animal Waste Storage Facility. One or more animal waste storage structures used for temporary storage of
animal waste, including stationary equipment and piping used to load and unload an animal waste storage
structure if the equipment is specifically designed for that purpose and is an integral part of the facility. It
does not include equipment used to apply animal waste to land or animal waste that is confined within an
animal housing structure.
(10) Animal Waste Storage Structure. A waste storage impoundment made by constructing embankments,
excavating a pit or dugout, or fabricating a structure. It does not include equipment used to apply waste j
to land. For purposes of Wis. Admin. Code Ch. ATCP 51.12 (2) (setbacks) and 51.14 (odor), does not include
i
any of the following; I
i
(a) A structure used to collect and store animal waste under a livestock structure (housing
facility).
(b) A waste digester consisting of a sealed structure in which animal waste is subjected to
managed biological decomposition.
(11) Antenna. Any device or equipment used for the transmission or reception of electromagnetic waves, which
may include an omni-directional antenna (rod), a directional antenna (panel) or a parabolic antenna (disc).
(12) Apartment. A portion of a residential or commercial building used as a separate dwelling unit.
(13) Apartment House. See "Dwelling, Multiple."
(14) Arterial Road or Street. A public street or highway that provides for rapid movement of high volumes of
traffic between areas. Their function is to conduct traffic between communities and activity centers and
to connect communities to major state and interstate highways.
(15) Automotive Service. Repair & Towing. Repairs, incidental body and fender work, replacement of parts and
motor services, towing and steam cleaning to passenger automobiles and trucks not exceeding 12,000
pounds gross weight.
(16) Awning. A hood or cover which projects from the wall of the building, which maybe retracted, folded or
collapsed against the face of a supporting structure. Awnings are not projecting signs.
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Town of Troy Zoning Ordinance, Chapter 170
(17) Banner. Any sign of lightweight fabric or similar material that is intended to promote a business, special
event, building, or district and mounted to a pole or a building. National, state or municipal flags, or the
official flag of any educational institution shall not be considered a banner under this definition.
i
(18) Basement. That portion of a building which is partly or wholly below grade but so located that the vertical
distance from the average grade to the floor is greater than the vertical distance from the average grade to
the ceiling. A basement shall not be counted as a story.
i
(19) Bed and Breakfast. A place of lodging for transient guests that is the owner's personal residence, that is
occupied by the owner at the time of rental, and in which the only meal served to -guests is breakfast.
(20) Board of Appeals. The Town of Troy Board of Appeals.
(21) Boarding House. A building other than a hotel or motel where meals or lodging and meals are served for
compensation for not more than six (6) persons.
(22) Building. A structure used, designed or intended forthe protection, shelter, enclosure or support of person,
animals or property. When a building is divided into separate parts by a division wall without openings,
extending from the ground up, each part shall be deemed a separate building.
(23) Building, Alterations. Any change or rearrangement of the supporting members such as bearing walls,
beams, columns or girders of a building, an addition to a building, or movement of a building from one
location to another.
(24) Building, Height of. The vertical distance from the base point of elevation to the highest point of a flat roof,
to the deckline of a mansard roof or to the average height of the highest gambrel hip or pitch roof.
(25) Building, Line. A line measured across the width of a lot at that point where the principal structure is placed
in accordance with setback provisions.
(26) Building, Principal. See-Structure, Principal.
(27) Buffer Space. Undeveloped area(s) in any major subdivision that cannot be further subdivided and is/are
owned in common by the owners of the subdivision lots and where the primary purpose is to separate
residential areas from areas being preserved for agricultural uses. Buffer spaces also serve as open space.
(28) Camouflage Design. A wireless communication service facility that is disguised, hidden or screened, but
remains recognizable as a tower or antenna.
(29) Campground. Any parcel of land which is designed, maintained, intended or used for the purpose of
providing sites for nonpermanent overnight use. by 4 or more camping units, or which is advertised or
represented as a camping area.
(30) Camping Unit. Any portable device, no more than 400 square feet in area, used as a temporary shelter,
including but not limited to a camping or travel trailer, motor home, bus, van, pick-up truck, tent or other
mobile recreational vehicle.
(31) Canopy. A Canopy is a shelter, with or without a sign, attached to or connected with a building and
extending into a setback or over the public sidewalks. Canopies are not projecting signs.
(32) Centerline. A line connecting the points on highways from which setback distances shall be measured, at
any point on the highway.
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Town of Troy Zoning Ordinance, Chapter 170
(33) Channel. A natural or artificial watercourse with definite bed and banks to confine and conduct normal
flow of water.
(34) Church. A building together with its accessory buildings where people regularly assemble for religious
worship and which building(s) is maintained and controlled by a religious body organized to sustain public
worship.
(35) Clinic. A building used by a group of physicians, chiropractors, dentists or similar professional for the
medical examination or treatment of persons on an outpatient or nonboarding basis only.
i
(36) Club. An association of persons forsome common purpose but not including any groups organized primarily
to render a service which is customarily carried on as a business.
(37) Commercial Speech. Any sign wording, logo or other representation advertising a business, profession,
commodity, service or entertainment for business purposes.
(38) Commission. The Town of Troy Plan Commission.
(39) Community Living Arrangement. The following facilities licensed or operated, or permitted under the
authority of Wisconsin Statutes: Child welfare agencies under Wis. Stats. § 48.60, group homes for children
under Wis. Stats. § 48.02(7) and community-based residential facilities under Wis. Stats. § 50.01 but does
not include nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a
community living arrangement shall be in conformity with applicable sections of the Wisconsin Statutes,
including 46.03(22), 62.23(7)(i), and amendments thereto, and also the Wisconsin Administrative Code.
(40) Compliant Building location. An area on a lot where a building could be located in compliance with all
applicable ordinance requirements.
(41) Concentrated Animal Feeding Operation (CAFO). An animal feeding operation with 300 animal units or
more that meets the criteria set out in Wis. Admin. Code Chapter NR243.
(42) Conditional Use. A use of land, water or building which is allowable only after review, public hearing and
recommendation by the Plan Commission and after the Town Board, under conditions specified in this
Chapter, has determined that the applicable conditions specified in this Chapter have been met and has
created any additional site or operation - specific conditions as are necessary for public and neighborhood
health, safety and welfare.
(43) Condominium. A residential, commercial or industrial building and property subject to condominium
declaration as established under Wis. Stats. Chapter 703.
(44) Conservation Easement. An enforceable nonpossessory interest in real property imposing any limitation or
affirmative obligation, the purposes of which include permanently protecting farmland so as to better
preserve the rural character of the Town by permanently preserving scenic vistas and environmentally
significant areas including wetlands, lakes, streams and woodlots, creating and preserving open areas
around significant environmental areas and agricultural areas; protecting the Town of Troy from the
encroachment of neighboring cities; permanently restricting land divisions, subdivision and/or residential,
commercial or industrial development; permanently retaining or protecting natural, scenic or open space
values of real property; permanently assuring the availability of real property for agricultural, forest,
recreational or open space use; permanently protecting natural resources, maintaining or enhancing air or
water quality; and/or permanently preserving the historical, architectural archeological or cultural aspects
of real property.
(45) Contractor's Storage Yard. The outdoor portion of a lot or parcel, where a construction or service contractor
maintains a permanent business office, that is used to store and maintain construction or service equipment
6
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Town of Troy Zoning Ordinance, Chapter 170
and other materials customarily used by the construction or service contractor. If used in this manner, the
entire lot or parcel would then be classified as a contractor's storage yard and will be required to conform
to all applicable zoning district standards and regulations.
k
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(46) Convenience Store. A facility associated with the sale of gasoline products that also offers for sale
prepackaged food items and consumer goods, primarily for self-service by the consumer. Hot beverages,
fountain type beverages and pastries may be included in the food items offered for sale.
(47) Crops. Cultivated plants including but not limited to field crops such as corn, wheat, oats, barley, hay,
potatoes and dry beans; fruits such as apples, grapes, cranberries, cherries and berries; vegetables such as
tomatoes, sweet corn, carrots and squash; plants raised for culinary, medicinal or aesthetic purposes such
as flowers, herbs, spices, ornamental shrubs and trees and ginseng; plants raised for energy production j
such as switch-grass; and plants raised for textile use, such as cotton or bamboo.
(48) Cul-de-sac. A dead-end road with a circular turn-around at the end for vehicular use.
(49) Day Care Center. A place or home which provides care for at least four (4) and not more than eight (8)
children for less than twenty-four(24)hours a day and is licensed as provided for in Wis. Stats. Sec. 48.65.
(50) Deck. An unenclosed exterior structure that has no roof or sides, but has a permeable floor. An attached
deck is part of the structure to which it is attached. An unattached deck is an accessory structure.
(51) Density The acreage-to-dwelling unit ratio used to calculate the maximum number of dwelling units
allowed under the Town's Subdivision Ordinance in an area for which subdivision is planned, and based on
the zoning classifications of land on July 1, 1999.
(52) Department. The Department of Natural Resources.
(53) Development. Any artificial change to improved or unimproved real estate, including, but not limited to,
the construction of buildings structures or accessory structures; the construction of additions or alterations
to buildings, structures or accessory structures; the repair of any damaged structure or the improvement
or renovation of any structure, regardless of percentage of damage or improvement; the placement of
buildings or structures; subdivision layout and site preparation; mining dredging, filling, grading, paving
excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the
installation, repair or removal of public or private sewage disposal systems or water supply facilities.
(54) District. Parcels or sections of the Town of Troy, for which the regulations governing the use of land and
buildings are uniform.
(55) Dock Piers and Wharves. Structures extending into the waterto facilitate the launching or mooring of water
craft or for fishing during the open water season.
(56) Driveway. Any roadway providing a single, temporary or permanent point for vehicular access from a
private or public Town road to a building located on public or private property. Driveways are not field
roads..(from Town Road ordinance)
(57) Dwelling Unit. A self-contained living unit consisting of sleeping quarters, bathroom(s), and kitchen, for
occupancy exclusively by one family, more than one which may be located in our building.
(58) Dwelling. Multiple. A building or portions thereof designed for and used by more than two families.
Classification of a residential structure shall be determined by its present or projected occupancy and design
and not by the characteristics of ownership and tenancy such as condominium arrangements.
(59) Dwelling. One-Family. A building designed for one dwelling unit occupied exclusively by one family.
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Town of Troy Zoning Ordinance, Chapter 170
(60) Dwelling, Two-Family (Duplex). A building owned by a single entity designed for two separate dwelling units
each occupied exclusively by separate families.
(61) Expansion. An addition to an existing structure regardless of whether the addition is vertical or horizontal
or both.
(62) Family. One (1) or more persons who live together in one dwelling unit as a single housekeeping entity.
(63) Family Day Care Home. A dwelling licensed as a day care center by the State of Wisconsin where care is
provided for-not more than eight (8) children.
(64) Farmette. A lot created by the subdivision of land, with the combined area of all farmettes included in the
major or minor subdivision in which the lot will be located averaging not less than 1 lot per 12 acres, with
each lot having a minimum size of 6 acres, that cannot be further subdivided and that contain no more than
one dwelling unit.
(65) Farm Plan. A landowner's plan to preserve the best farmland in an existing farm for agricultural uses and
purposes under a conservation easement that limits subdivision and development in such area and that
also designates other Plan areas for subdivision into lots less than 35 acres in size to be located on the less
desirable farmland in the Plan area, all in conformity with the requirements of the Town's Subdivision
Ordinance.
(66) Field Road. Any roadway providing a single, temporary or permanent point for vehicular access from a
private or public road to non-residential land and used solely for farm purposes, or to undeveloped, non-
residential land. Field roads are not driveways.
(67) Flag. Any fabric, bunting or other flexible material that contains one or more colors, patterns symbols or
words.
(68) Floor Area. The area within the exterior wall lines of a building, provided that the floor area of a dwelling
shall not include space not usable for living quarters, such as attics, unfinished basements or utility rooms,
garages, breezeways, unenclosed porches or terraces.
(69) Footprint. The areas of land that is covered by a structure at ground level, measured on a horizontal plane.
The footprint of a structure includes cantilevered or pier supported horizontal expansions or similar
expansions that enlarge the area of the structure without using a ground level foundation.
(70) Foundation. The underlying base of a building or other structure, including, but not limited to, pillars,
footings and concrete and masonry walls.
(71) Frontage. All of the property abutting on one (1) side of a street measured along the street or road between
two intersecting roads or streets.
(72) Garage, Private. An accessory building or portion of a main building designed or used solely forthe storage
of motor-driven vehicles, boats and similar vehicles owned and used by the occupants of the building to
which it is accessory.
(73) Garage, Service, Any commercial premises used for the storage or care of motor-driven vehicles for the
general public or where any such vehicles are equipped for operation, repaired or kept for remuneration,
hire or sale.
(74) Garden Center. A place of business where retail and wholesale products and produce are sold to the
consumer. These centers, which may include a nursery and/or greenhouses, import most of the items sold,
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Town of Troy Zoning Ordinance, Chapter 170
and may include plants, nursery products and stock, potting soil, hardware, power equipment and
machinery and gardening tools.
I
(75) Grade. Building. The ground elevation established for the purpose of regulating the number of stories and ;
the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the
building if the finished grade is level. If the ground is not entirely level, the average grade shall be
determined by averaging the elevation of the ground of the highest and lowest grades adjacent to the
building.
i
(76) Greenhouse. A temporary or permanent accessory structure typically made of, but not limited to, glass,
plastic or fiberglass in which plants are cultivated. Allowed as a primary structure only as a conditional use
in the General Retail and Service Commercial District.
(77) Group Day Care. A facility licensed as a day care center by the State Department of Children and Families
under Wis. Stat. § 48.65 where a person or persons provide for nine or more children. It includes preschools
and nursery schools.
I
(78) Group Home. A facility designed to fit into the community to provide living quarters and services for
individuals of medical or social needs and to be staffed by qualified professionals pursuant to Wis. Stats. §
48.60, foster homes, and Wis. Stats. 46.03(22) and 62.23(7)(1), community and other living
arrangements.
(79) Hard Surface. Commercial or industrial zoned area on which is located building footprint(s), delivery
area(s), new interior service road(s), parking lot(s), unloading and loading facilities and outdoor storage.
i
(80) Home Occupation. A business or commercial activity conducted on property zoned for residential,
agricultural-residential, exclusive agricultural or manufactured homes. Home occupations are categorized
as major or minor.
(81) Hotel or Motel. A building in which lodging, with or without meals, is offered to transient guests for
compensation and where there is no permanent occupancy of any unit other than by the owner or the
owner's employees.
(82) Indoor Maintenance and Repair of Goods and Equipment. A use inside a building including repair and
service of small motors, such as lawn mowers, washing machines, sewing machines, jet ski, four wheelers
and small equipment such as guns, chain saws, shoes, etc.
(83) Indoor Recreation Facility. A building used for indoor recreation, including but not limited to tennis, racquet
ball, driving ranges, curling dance schools, ice arenas, shooting ranges, pool hall and health club.
(84) Institutional. A use including but not limited to government building, library and public, private or charter
school.
(85) Junk. Items, materials or products that are no longer usable as originally intended and/or though capable
of being converted to another use are not actually still being used. A motor vehicle is junk for purposes of
this chapter if: (a) it is not currently registered or (b) it is not capable of operation, lawful or otherwise, on
public highways of Wisconsin and remains in that condition for more than 10 days after receipt of a
registered or certified letter from the Town notifying the owner, occupant or custodian of the premises of
the violation. An automobile licensable as an antique or special interest vehicle under Wis. Stats. § 341.265,
341.266, or any part thereof is not considered junk, provided such vehicle is stored in the manner required
by Wis. Stats. § 341.266(4).
(86) Junk Yard. An open space where junk, waste, used or second-hand materials are bought, sold, exchanged,
stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals,
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Town of Troy Zoning Ordinance, Chapter 170
I
paper, rags, rubber, tires and bottles. A "Junk Yard" also includes an auto wrecking yard, but does not
include uses conducted entirely within enclosed buildings.
(87) Kennel, Commercial. An establishment, structure or premises open to the public and/or operated with
intent of making a profit where more than four dogs or cats, six months of age or older, are bred and raised
for sale, boarded, groomed and/or trained as a service.
(88) Land Division. Any division of a parcel of land by the owner or the owner's agent, forthe purpose of transfer
of ownership or building development, which creates one or more parcels or building sites of 35 acres or
less.
(89) Large Footprint Commercial Structure. A commercial building, open to the public, with 50,000 square feet
or more of enclosed area on the ground level.
(90) Light Industry. A use engaged in the manufacture, predominantly from previously prepared materials, of
finished products or parts, including research, development, processing, fabrication, assembly, treatment,
packaging, incidental storage, sales and distribution of such products, but excluding basic industrial
processing, and which activities are conducted wholly within an enclosed building.
(91) Livestock. Bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised beef, farm-raised
game birds, camelids, ratites and farm-raised fish.
(92) Livestock Facility. A feedlot, dairy farm or other operation where livestock are or will be fed, confined,
maintained or stabled for a total of 45 days or more in any 12-month period. It includes all of the tax parcels
of land on which the facility is located, but does not include a pasture or winter grazing area. Related
livestock facilities are collectively treated as a single livestock facility forthe purposes of this Chapter, except
that an operator may elect to treat a separate species facility as a separate livestock facility.
(93) Livestock Structure. A building or other structure used to house or feed livestock, to confine livestock for
milking, to confine livestock for feeding other than grazing, to store livestock feed, or to collect or store
waste generated at a livestock facility. Livestock structure includes a barn, milking parlor, feed storage
facility, feeding facility, animal lot or animal waste storage structure. Livestock structure does not include
a pasture or winter grazing area, a fence surrounding a pasture or winter grazing area, a livestock watering
or feeding facility in a pasture or winter grazing area, or a machine shed or like facility that is not used for
livestock.
(94) Lot. A parcel of land (excluding outlots created by subdivisions for use as a site for one or more dwelling
units, as a parcel for conveyance or as a building site of any kind. A lot may be a parcel designated in a plat
or described in a conveyance recorded in the office of the Register of Deeds. Land included in the street,
highway, access easement or railroad right-of-way shall not be included in computing lot size.
(95) Lot Lines and Area. The peripheral boundaries of a lot and the total area lying within such boundaries.
(96) Lot Width. The width of a lot measured at the shortest distance between the side lot lines and the setback
lines.
(97) Lot, Through. A lot having a pair of opposite lot lines along two (2) or more parallel public streets and which
is not a corner lot. On a through lot both street lines shall be deemed front lot lines.
(98) Marquee or Canopy. A roof-like structure of permanent nature which projects from the wall of a building,
generally designed and constructed to provide protection from the weather.
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Town of Troy Zoning Ordinance, Chapter 170
(99) Mitigation. Action taken to minimize the adverse impacts of development. Mitigation includes but is not
limited to the installation of vegetative buffers, removal of nonconforming structures from setback areas
and implementation of best management practices for erosion control and storm water management.
i
(100) Modification. Includes but not limited to, any addition, alteration, rebuilding or replacement of any existing
building, accessory building or accessory use.
(101) Motor Vehicle. Any passenger vehicle, truck, truck-trailer, trailer or semi-trailer propelled or drawn by
mechanical power.
(102) Net Project Area. The area of a lot minus slope preservation zones, floodplains, road rights-of-way and
wetlands. Net project area need not be contiguous.
i
(103) Noncommercial Speech. Any sign wording, logo or other representation that is not commercial speech.
This includes messages concerning political, religious, social, ideological, public service and informational
topics.
(104) Noncomforming Lot. A legally created and recorded lot existing on the effective date of this ordinance or
amendment to it and that does not comply with the area-based or spatial requirements for the zoning
district in which it is located, or where the footprint of any structure on the lot does not comply with the
area-based or spatial requirements for the zoning district in which it is located.
(105) Nonconforming Structure. A structure that existed lawfully on the effective date of this ordinance or
amendment to it and that does not conform to spatial or area-based regulation for the zoning district in
which it is located or otherwise created by this ordinance or by a later amendment such, as regulations
determining setbacks, height and lot coverage.
(106) Nonconforming Use. A use of land, a dwelling or a building that existed lawfully on the effective date of
this ordinance or amendment to it and that does not conform to the use restrictions for the zoning district
in which it is located or as otherwise created by this ordinance or by later amendment.
(107) Nursery. Wholesale. The onsite propagation and growing of plants, shrubs, trees, or vines. Products raised
onsite may be sold onsite. Retail sales of any other products are not allowed. Garden centers are not
included.
(108) Nursing Home. Any building used for the continuous care, on a commercial or charitable basis, of persons
who are physically or mentally incapable of caring fortheir own personal needs.
(109) Open Acres. Acreage included in residential subdivision that is dedicated and use-restricted in perpetuity
by restrictive covenant or conservation easement as undeveloped acreage, adjacent to subdivision lots
and/or accumulated and grouped within a subdivision, to provide walking paths, nature trails, wildlife
habitat, forests, prairies, parks, farmland, farmland buffers, and other similar undeveloped uses.
(110) Open Space. Open, unoccupied areas of land, including open acres, parks, nature areas, forest, wildlife and
forest management areas, playgrounds, trails, and buffer space.
(111) Ordinary High Water Mark. The point on the bank or shore up to which the presence and action of surface
water is so continuous as to leave a distinctive mark such as erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation or other easily recognized characteristic.
(112) Ordinary Maintenance and Repair. Any work done on a nonconforming structure that does not constitute
expansion, structural alteration or reconstruction and does not involve the replacement, alteration or
improvement of any portion of the structure's foundation.
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Town of Troy Zoning Ordinance, Chapter 170
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(113) Outdoor Recreation Facility. A use including but not limited to athletic fields, golf courses, club house,
miniature golf, batting cages, driving range, paint ball and go-kart tracks.
(114) Outlot. A parcel of land other than a lot or block so designated on a plat or certified survey map and for
which no development is intended, other than that which supports use of the outlot as open space or open
acres.
(115) Parcel. Contiguous land under single ownership.
(116) Parkins Lot. A lot where automobiles are parked or stored temporarily but not including the wrecking of
automobiles or other vehicles or storage for the purpose of repair or wrecking.
(117) Parking Space. An area of definite length and width, exclusive of drives, aisles or entrances giving access
thereto and fully accessible for the parking of permitted vehicles.
(118) Permitted Uses. A use which may be lawfully established in a particular district or districts, provided it
conforms with all requirements, regulations and standards of such districts.
(119) Person. An individual, or group of individuals, corporation, partnership, association, municipality or state
agency.
(120) Plan Commission. The Town of Troy Plan Commission.
(121) Planned Unit Development (PUD). A tract of land which contains or will contain one (1) or more principal
buildings, developed under single ownership or control, the development of which is unique and may be of
a substantially different character than that of surrounding areas.
(122) Porch. The area of a principal structure, with a roof over it, providing access to a building.
(123) Preschool. Any building used routinely for the daytime care and education of preschool age children, other
than the child's own home or the homes of relatives or guardians, and including all accessory buildings and
play areas.
(124) Principal Use. The primary purpose for which a lot or parcel is used.
(125) Property Lines. The lines bounding a lot.
(126) Professional Home Offices. A home occupation conducted by doctors of medicine, chiropractors, dentists,
clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers,
artists, teachers, authors, musicians or other recognized professions, and used to conduct their professions.
(127) Public Utilities. Those utilities using underground or overhead transmission lines such as electric, telephone
and telegraph, and distribution and collection systems such as water, sanitary sewer and storm water.
(128) Public Way. Any sidewalk, street, alley, highway or other public thoroughfare.
(129) Quarrying. The removal of nonmetallic.mineral aggregates, topsoil or other natural materials from the
earth by excavation, stripping or any other process.
(130) Reconstruction. The replacement of all or substantially all of the components of a structure other than the
foundation.
(131) Residential Property. A property where dwelling units for personal residences are allowed as the principal
use including accessory structures and uses.
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Town of Troy Zoning Ordinance, Chapter 170
(132) Retail Sales and Services. The provision of goods and/or services such as cards or gifts, clothing, video
games, lumber or building supplies, hardware, sports equipment, etc.
(133) Road. A public way for vehicular traffic; this term includes highways.
(134) Roadside Stand. A structure not permanently fixed to the ground, readily removable in its entirety, not fully
enclosed and to be used solely for the sale of locally grown produced or created products.
(135) Salvage Operation. Operations in which substantial numbers of automotive vehicles, other machinery or
equipment or parts thereof which are no longer usable as originally intended are accumulated and stored
outside of building for purposes of ultimate repair, reuse, sale or trade.
(136) School, Private. A school limited to specialized instruction such as business, art, music, trades, handicraft,
dancing or riding or a school conducted for profit.
(137) School, Public. An elementary, intermediate or secondary school that offers regular instruction capable of
meeting the requirements of state compulsory education laws, operating at least five (5) days a week for a
normal school year and supported by public funds, not including colleges or other institutions of higher
learning.
(138) Screening. A solid fence at least six feet high or a planted vegetative belt at least fifteen feet wide and at
least six feet high.
(139) Self-Storage. Indoor storage of customer's items within partitioned buildings with individual access to each
partitioned area.
(140) Service Contractor. Contractors engaged in providing property maintenance services including but not
limited to lawn, pool and garden care; snow plowing. and removal; and tree trimming and removal.
(141) Service Station. Any building, structure, premises or place used for the dispensing, sale or offering for sale
of any motor fuel or oils, having fuel pumps and storage tanks; also where battery, tire, polishing, greasing,
washing, cleaning and similar services are rendered, but not including buildings or premises where such
business is incidental to the conduct of a public garage used for the repair or storage of motor vehicles. A
service station may also include a convenience store which is used for the dispensing, sale or offering for
sale of groceries, food, and other general retail merchandise.
(142) Setback. The minimum horizontal distance between a structure and the road, side or rear lot lines, OHWM i
or bluff line. Distance is measured from the most outwardly extended portion of the structure at ground
level.
(143) Setback Lines. Lines established adjacent to highways, lot lines, lakes and streams or other places for the
purpose of defining limits within which any or certain buildings, structure or uses may not be constructed,
maintained, or conducted. "Within a setback line" means between the setback line and the highway right
of way lot line, lake or stream to which the setback line is adjacent.
(144) Shelterwood Cut. Means a partial removal of mature trees leaving trees of desirable species and form to
provide shade, seed source and a desirable seedbed for natural regeneration with the final removal of the
over story after adequate regeneration is established.
(145) Sign. A display, illustration, structure or device that directs attention to an idea, object, product, place,
activity, person, institution, organization or business!
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Town of Troy Zoning Ordinance, Chapter 170
(146) Sign, Banner. Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a
building at one or more edges.
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(147) Sign, Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more
points not on the same zone lot as the light source; also, any light with one or more beams that rotate or
move.
I
(148) Sign, Building. Any single-faced sign painted on, attached to or erected against the exterior wall of a
building, structure, marquee, canopy or awning. Also including any sign placed on the interior of a window
or painted on a window such that it can be read from the outside of the building.
(149) Sign Component. Any element of a sign or its source of support (excluding a building), including but not
limited to support structure, accessories, wiring, framing. Paint, vinyl, paper, fabric, light bulbs, diodes, or
plastic copy panels on a sign do not constitute components.
(150) Sign, Freestanding. Any sign supported by structures or supports that are placed on or anchored in the
ground and that are independent from any building or other structure, including, but not limited to, a
ground mounted sign, detached sign, pole sign, pylon sign or monument sign.
(151) Sign, Incidental. A sign that is no legible to a person of ordinary eyesight with vision adequate to pass a
state driver's license exam standing at ground level at a location on the public right-of-way or on other
private property.
(152) Sign, Monument. A freestanding sign where the base of the sign structure is on the ground.
(153) Sign, Off-Premise. A sign, which displays a commodity. Product, service, activity or any other person, place,
thing or idea other than noncommercial speech, which is not located, found or sold on the premises upon
which such sign is located.
(154) Sign, Off-Premise Directional. A sign displayed for the sole purpose of assisting wayfinding through
disclosure of no more than the name of a place, its distance from the sign and one directional arrow.
(155) Sign, On-Premise. A sign which only displays a commodity, product, service, activity or any other person,
place, thing or idea, which is located, found or sold on the premises upon which such sign is located, or a
noncommercial speech.
(156) Sign, On-Premise Directional. A sign at the exit or entrance of a premises that has two or more driveways.
(157) Sign, Pornographic. Any sign that, in whole or in part, is obscene or pornographic as defined in Miller v.
California and subsequent decisions, or shows specified anatomical areas or specified sexual activities.
(158) Sign, Portable. Any sign not permanently attached to the ground or other permanent structure, or a sign
designed to be transported, including, but not limited to, signs designed to be transported by means of
wheels; signs converted to A-or T-frames; balloons used as signs; umbrellas used for advertising; and signs
attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is
used for transportation in the normal day-to-day operations of the business.
(159) Sign, Projecting. Any sign affixed to a building or wall in such a manner that its leading edge extends more
than six inches beyond the surface of such building or wall.
(160) Sign, Property Address. A reflective red sign with white lettering that identifies the property address at a
minimum and may provide limited additional information such as town name and road name.
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Town of Troy Zoning Ordinance, Chapter 170
(161) Sign, Roof. Any sign erected and constructed wholly on and over the roof of a building, supported by the
roof structure and extending vertically above the highest portion of the roof. F
(162) Sign, Special Event. A sign that is temporary in nature and is not permanently mounted or attached to the
ground or sign surface, and is used for special events, such as but not limited to, grand openings,
promotions, seasonal sales, garage sales, craft sales, graduation or birthday parties, festivals or fairs.
(163) Sign, Temporary. Any sign that is used only for a limited period of time and is not permanently mounted.
(164) Story. The vertical distance between the surface of any floor and the floor next above it, or if there is no
floor above it, the space between such floor and the ceiling next above it.
(165) Story, half. A story under any roof except a flat roof, the wall plates of which on at least two opposite
exterior walls are not more than two feet above the floor of such story.
(166) Street. A public or private thoroughfare which affords the principal means of access to abutting property.
(167) Street Line. A dividing line between a street and the abutting lot.
(168) Structural Alteration. The replacement or alteration of one or more of the structural components of any of
a structure's exterior walls.
(169) Structural Component. Any part of the framework of a building or other structure. The structural
components of a building's exterior walls include the vertical studs, top and bottom plates, and window
and door sills and headers. A structural component may be non-load-bearing, such as the framework of a
wall at the gable end of a one-story house. Wallcoverings, such as siding on the exterior and dry wall on
the interior, are not included in the definition of "structural component."
(170) Structure. Any man-made object with form, shape and utility, that is constructed or otherwise erected,
attached to or permanently or temporarily placed upon the ground, a riverbed, streambed or lakebed or
upon another structure. The term "structure" includes swimming pools, hot tubs, patios, decks and
retaining walls, but does not include landscaping or earthwork such as graded areas, filled areas, ditches,
berms or earthen terraces. The term "structure" does not include small objects that are easily moved by
hand, such as lawn chairs, portable grills, portable picnic tables, bird feeders, bird baths and bird houses.
(171) Structure. Principal. The primary structure on a lot utilized for the property's principal use. The term
"principal structure" includes attached porches, attached decks and attached garages.
(172) Structure, Principal Residential. The primary residential structure serving a single family or a platted
residential lot, notwithstanding that a single family may have more than one building on the lot for that
family's residential use.
(173) Subdivision. The division of land into lots, parcels or tracts by the owner for the purpose of building
development or transfer of ownership where the act of division creates one or more new lots or building
sites that are 35 acres or smaller in size.
(174) Town Board - The Town Board of the Town of Troy, St. Croix County, Wis.
(175) Town Center. A commercial Zoning District that contains elements of traditional community centers with
a mixture of retail, restaurants, service providers and entertainment, planned to create a "sense of place"
for Town residents and developed under P.U.D. regulations.
(176) Townhouse. A multiple-family dwelling structure. Townhouses allow several single-entry, single-family
dwelling units with common vertical walls to be constructed in one structure along a street or court.
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Town of Troy Zoning Ordinance, Chapter 170
(177) Transmission Services. Electric power lines, telephone and telegraph lines, communication towers, cables,
sewage lift stations, sewer and water pipes, and other pipes, conduits and accessory structures that are
used lo transport power, convey information or transport material between 2 points, other than wireless
communication service facilities.
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(178) Truck, Service, Repair & Towing. Repairs, incidental body and fender work, replacement of parts and motor
services, towing and steam cleaning to passenger automobiles and trucks equal to or exceeding 12,000
pounds gross weight.
(179) Unnecessary Hardship. Where special conditions affecting a particular property, which were not self-
created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density
unnecessarily burdensome or unreasonable in light of the purposes of this Ordinance.
(180) Use. The use of property is the purpose or activity for which the land or building thereon is designed,
arranged or intended, or for which it is occupied or maintained, and shall include any manner of standards
of this Chapter.
(181) Use, Principal. The primary use of land or buildings as distinguished from a subordinate or accessory use.
A principal use may be "permitted" or "conditional."
(182) Variance. Authorization from the Board of Appeals for the use, construction or location of a building,
structure or land in a manner that deviates from the standards required or uses authorized in this Chapter.
(183) Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon
a street, road or highway, including any car, truck, trailer, semi-trailer, watercraft, mobile home or other
motorcraft whether or not it is self-powered or remains capable of travel in its present state.
(184) Wastewater Treatment System. A wastewater treatment and disposal system serving one structure with a
septic tank and soil absorption field, located on the same parcel as the structure. It also means an
alternative wastewater treatment system approved by the Department of Commerce, including a substitute
for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a
system located on a different parcel than the structure, a.k.a POWTS (Private Onsite Waste Treatment
System).
(185) Well. An excavated opening in the ground made by digging, boring, drilling, driving or other methods, to
obtain groundwater, regardless of its intended use.
(186) Wetland. An area where water is at, near or above the land surface long enough to be capable of supporting
aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.
.(187) Yard. Open space on the same lot with a building that is unoccupied and unobstructed from the ground
upward.
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(188) Yard. Front. The yard extending the full width of the lot between the front lot line and the nearest part of
the main building excluding uncovered steps.
(189) Yard, Rear. The yard, unoccupied except for accessory buildings, extending from the rear lot line to the rear
line of the main building for the entire width of the lot, excluding such projections as are permitted in this
Chapter.
(190) Yard, Side. A yard or open space on each side of the Principal Structure extending from the side wall of the
building to the side lot line and from the front yard to the rear yard. When an accessory building is
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Town of Troy Zoning Ordinance, Chapter 170
constructed on the side of the Principal Structure the setback requirements are the same for the accessory
building as for the Principal Structure.
Chapter 170
Section B
General Requirements
1. Jurisdiction and Compliance
a) Jurisdiction. The jurisdiction of this Chapter extends to all structures, land, water and air within the Town of Troy.
Land in the Town that is located in the Lower St. Croix Riverway Rural Residential Overlay District is also under the
Town Zoning jurisdiction of Chapter 171 of this Code, the Town's Lower St. Croix Riverway Zoning Ordinance.
Chapter 171 creates a zoning overlay district more specifically designed to implement zoning regulations in the area
of the Town located in the overlay district. The Official Zoning Map for the Town shows the underlying zoning
categories in the overlay district; and to the extent that Chapter 171 creates more extensive, restrictive, or different
zoning regulations, the terms, conditions and requirements of Chapter 171 are intended to take priority, and remain
in full force and effect in the Lower St. Croix Riverway Rural Residential Overlay District in the Town.
b) Compliance. No structure or land shall hereafter be used, no land use shall be substantially changed, and no
structure or partthereof in the Town shall hereafter be located, erected, moved, reconstructed, extended, enlarged,
converted or structurally altered without full compliance with the provisions of this Chapter and all other applicable
Town, regulations, specifically including Chapter 171 of this Code of Ordinances. State and St. Croix County
regulations also affect and regulate land use in the Town and in the Riverway Overlay District.
2. Use, How Described and Allowed
a) Permitted Uses. Permitted uses are uses that are expressly allowed by this Chapter in specific zoning districts shown
on the Official Zoning Map. Permitted uses are not conditional uses.
b) Accessory Uses. Accessory uses and specified accessory structures are permitted in any district only after the
principal structure to which they are accessory has come into existence or is under construction.
C) Conditional Uses.
(1) Conditional uses are not inherently incompatible with permitted uses but could create special problems
and hazards if allowed without the imposition of conditions by the Town. A permit is required under this
Chapter to engage in a conditional use. Conditional use permits require application, review, public hearing
and recommendation by the Plan Commission and approval by the Town Board in accordance with Section
V. of this Chapter. Conditional uses are not permitted uses.
(2) When a conditional use becomes a permitted use by Town action, as by amending this Chapter, the
conditional use permit terminates. The establishment of new or different conditional use(s) for such
property with or without a conditional use permit requires review, public hearing and recommendation by
the Plan Commission and approval by the Town Board in accordance with.Section V.
(3) If such a conditional use is discontinued, abandon or terminated for a twelve (12) month period, the
conditional use permit becomes null and void.
3. Reduction or Joint Use
No lot, yard, parking area, setback, building area, open space requirement, or other space shall be reduced in area or
dimension so as not to meet the provisions of this Code.
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Town of Troy Zoning Ordinance, Chapter 170
4. Site Regulations
ff
a) Site Suitability. Noland shall be used or structure erected where the land is held unsuitable for such use or structure
by the Town by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, slope,
low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the
health, safety, prosperity, aesthetics and general welfare of this community. The Plan Commission, in applying the
provisions of the Section, shall in writing recite the particular facts upon which it bases its conclusion that any land
is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such
unsuitability if he/she desires. Thereafter, the Plan Commission may affirm, modify, or withdraw its determination
of unsuitability when making its recommendation to the Town Board.
b) Road Frontage. All lots and parcels shall abut upon a public road or other officially approved means of access to a
public road.
C) Principal Structures, Principal Residential Structures. There shall be no more than one (1) principal structure
located, erected or moved onto any lot of record. Principal residential structures on platted, residential lots on
which a single-family resides may have more than one building on the lot for that family's residential use where all
requirements of this Chapter and other applicable regulations, particularly including those concerning waste
treatment and water, are also met. Where additional principal residential structures are permitted the Town Board,
taking into consideration the recommendation of the Plan Commission, may impose restrictions or requirements in
addition to those generally required by district regulations, including requiring a PUD, enhanced yard, landscaping
or parking requirements and establishing minimum separation distance from principal structures on adjoining lots.
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Chapter 170
Section C
Zoning Districts
I
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1. Introduction
This Section contains general zoning provisions and establishes what uses may be made of property, permissible lot sizes,
required setbacks, dimensions and open space and height of buildings.
a) The Town has established current and potential zoning districts. Each has its own set of regulations in separate Sections
of this Chapter.
b) The location of currently existing Town zoning districts are as shown on the official Town of Troy Zoning Map, located at
the Troy Town Hall and maintained by the Town_
c) Potential zoning districts, not yet shown on the official map, are described in this Chapter and may be created upon
petition to the Town to create such districts in specific and designated areas of the Town.
2. Zoning Districts
For the purpose of this Chapter, present and future provision is hereby made for the division of the Town of Troy into the
following zoning districts:
a) Traditional Residential (TR-RES)
b) Agricultural Residential District (AG-RES)
C) Exclusive Agricultural District (AG)
d) Conservancy District (C)
e) Manufactured Home District (MH)
f) Traditional Commercial District (COM-TR)
g) Land Eligible for Commercial Reszoning Overlay District (LECR)
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Town of Troy Zoning Ordinance, Chapter 170
h) General Retail and Service Commercial District (COM-GRIS)
i) Town Center Commercial District (COM-TC)
j) Limited Commercial District (COM-LTD)
k) Industrial District (1)
Overlay districts shown on the Official Zoning Map are Land Eligible for Commercial Rezoning (LECR), and the Lower St. Croix
Riverway Rural Residential Overlay District, separately administered pursuant to Chapter 171 of the Town Code. The
Extraterritorial Zone (ETZ) is jointly administered by the Town and the City of River Falls. The City maintains the Official ETZ
Zoning Map.
3. Zoning Map
a) The Town of Troy is hereby divided into the zoning districts now shown upon a map designated as the Official Zoning
Map of the Town of Troy. The Official Zoning Map and the notations, references and other information shown
thereon are a part of this Chapter and shall have the same force and effect as if the matters and information set
forth by said Map were fully described herein. The Official Zoning Map shall be properly attested and kept on file,
along with the official text of this Chapter, in the office of the Clerk of the Town of Troy.
b) Zoning district boundaries shall be determined by measurement from and as shown on the Official Zoning Map. In
case of any question as to the interpretation of such boundary lines, the Town Board shall interpret the map
according to the reasonable intent of this Code. Unless otherwise specifically indicated or dimensioned on the Map,
the zoning district boundaries shall follow lot lines, U.S. Public Land Survey lines, the centerlines of roads, highways,
streets, easements, alleys and of railroad rights of way.
4. Effect of Zoning Actions by St. Croix County Prior to Effective Date of this Chapter.
a) The Town will assume zoning authority in place of St. Croix County on the effective date of this Chapter. The Town's
Official Zoning Map is initially intended to initially show zoning districts and boundaries that are similar in location and
effect on land use to the districts and boundaries shown on St. Croix County's Official Zoning Map on the effective date
of this Chapter. To the extent that permitted use differences do exist, legal and permitted uses under the St. Croix
County Zoning Ordinance on the effective date of this Chapter and that are not completely consistent with permitted
uses under this Chapter shall be treated as non-conforming uses to the extent inconsistent with this Chapter.
Landowners with such nonconforming use rights can also apply for a conditional use permit under the terms of this
Chapter.
b) Property in the Town that is the subject of special exception permits, conditional use permits and variances previously
issued by St. Croix County and being exercised on the effective date of this Chapter, including those in support of
commercial activity in non-commercial zones, shall be treated as nonconforming uses that are separately and
additionally subject to, and protected by, the terms and conditions of the applicable County-issued special exception
permit, conditional use permit or grant of variance, where adopted by specific reference thereto in the Town resolution
enacting this Chapter, or where after the effective date of this Chapter a landowner is able to produce specific proof of
such prior official County action as is sufficient and satisfactory to the Town. The holder of such a conditional use permit,
special exception permit or variance may also seek a conditional use permit from the Town where the use is otherwise
eligible for such a permit under this Chapter.
S. Effect of Other Regulations
The fact that a use is shown as permitted in any district created by this Chapter does not guarantee that a particular land use
being sought will be achieved. Land use in the Town is subject to other regulations, including the Chapter 135, the Town's
Subdivision Ordinance and Chapter 171, the Town's Lower St. Croix Riverway Zoning Ordinance. St. Croix County also
administers certain ordinances in the Town, including but not limited to St. Croix County Code of Ordinances Chapter 11,
Animal Waste, Chapter 12, Sanitary Code, Chapter 14, Non-Metallic Mining, and Chapter 17 Subchapter III, on Shoreland
Overlay Zoning, Subchapter III.V., the County's Lower St. Croix Riverway Overlay District, Subchapter IV, on Floodplain Overlay
Zoning and Chapter 21, Recycling/Solid Waste. The County's Subdivision Ordinance is also enforced in the Town. A proposed
land use that is permitted under this Chapter may not be allowed to proceed, depending on how other applicable regulations
apply.
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Town of Troy Zoning Ordinance, Chapter 170
Chapter 170
Section D
Traditional Residential District (TR-RES)
F
1. Purpose
The purpose of the Traditional Residential District is to provide forthe orderly continuation of the platted area of high density
residential development established and zoned residential by action of St. Croix County prior to the effective date of this
Chapter. This district is intended to include only that platted subdivision zoned Residential by St. Croix County prior to the
effective date of this Chapter, shown on the Town's Official Zoning Map. Other areas of high density residential development
platted by St. Croix County before the effective date of this Chapter and zoned Ag. Residential by the County shall remain in
the Ag. Residential zone underthis Chapter, with any area and spatial nonconformities preserved and protected under Section
U of this Chapter and to the extent consistent with Chapter 171 in situations involving land in the Lower St. Croix River Overlay
District. Where there is inconsistency Chapter 171 will control.
2. Permitted Uses
a) Permitted Uses.
(1) One single-family residence
b) Permitted Accessory Structures.
(1) Private garages and carports, gazebos and swimming pools.
(2) Tool and storage sheds incidental to residential use
(3) Other structures clearly incidental to the residential use of the property.
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3. Conditional Uses
a) Major home occupations.
b) Duplexes.
c) Poultry raising for non-commercial purposes (as a hobby or as pets) and without roosters.
4. Area, Setback and Height Requirements
a) Minimum Lot Area
(1) one acre
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b) Minimum Setback.
(1) Front Yard: Forty (40).
(2) Side Yard: Fifteen (15) feet from property boundary to the building line.
(3) Rear Yard: Twenty-five (25) feet from property boundary to the building line of the principal residential
structure and five (5) feet from any accessory building.
c) Maximum Height
35 feet
d) Any future subdivision of previously platted lots after the effective date of this Chapter shall comply with the Town's
Subdivision Ordinance and treated under that Ordinance as though the property had been zoned Ag-Residential.
Chapter 170
Section E
Agricultural Residential District (AG-RES)
1. Purpose
The Agricultural Residential District is intended to provide forthe maintenance, preservation and enhancement of agricultural
and rural residential lands and include lands that:
20
Town of Troy Zoning Ordinance, Chapter 170
a) Historically were used for crop or related agricultural activity but not included in the Exclusive Agricultural District because
generally better suited for small farm units and other similar small scale agricultural related activities; or
b) Include areas where exclusive agricultural uses would not be warranted because mixed uses in existence prior to the effective
date of this Chapter would not be compatible if such exclusive agricultural and non-agricultural uses are allowed in close
proximity; or
I
c) Include scattered rural residential sites within agricultural areas that, because of parcel size and other limiting physical
characteristics, are not suitable for exclusive agricultural uses; or
d) Include areas -zoned Agricultural Residential and Agricultural District Two (Ag-2) by St. Croix County on the effective date of
this Chapter. Area zoned Agricultural Residential of Ag-2 by St. Croix County on that date and not of size or use to qualify as
a permitted use under this Chapter shall be treated as nonconforming. Landowners with such nonconforming use rights can
also apply for a conditional use permit where available under the terms of this Chapter. r
2. Permitted Uses
a) Parcels 20 acres or larger.
i
(1) Permitted Uses: -
(a) A single-family principal residential structure
(b) Dairy farming
(c) Livestock raising excluding commercial feed lots or fur farms
(d) Grazing or pasturing of livestock
(e) Horse paddocks
(f) Poultry raising, excluding commercial egg production
r
(g) Apiculture (beekeeping)
(h) Orchards
(i) Sod farming
0) Plan nurseries, Wholesale
(k) Raising of crops
(1) Aquaculture
(m) Agricultural Tourism, for no more than 130 consecutive days or 24 nonconsecutive days (as could be
eight three-day weekends) in any 12 month period. Agricultural Tourism activities may also Home
Occupations. For all such activities that are planned for or expected to have an attendance of more
i
than 100 people in a 24 hour period, an event plan that provides for adequate, on-site parking,
proposed days and hours of operation, an ingress and egress permit from the appropriate road
jurisdiction, adequate sanitation measures, signage, solid waste management and other public safety
issues shall be filed in the office of the Town Clerk, for advance review and approval by the Zoning
Administrator, as a condition of conducting the planned activity. The Zoning Administrator may refer
the application to the Plan Commission for review and recommendation and the Town Board for final
action on any such application where the application fails to make it readily apparent that the health
and safety of the attendees and of the public will be adequately protected. After receiving Town
approval the applicant shall provide the same information and evidence of Town approval to the
servicing fire department, emergency medical service provider, St. Croix County Sheriff's Department,
Dispatch and any local law enforcement agency for any such agricultural tourism activities, at least 30
days prior to the start of any such agricultural tourism activity, and in every calendar year.
(2) Permitted Accessory Structures:
(a) General farm buildings (barns, silos, sheds, and storage bins)
(b) Private garages and carports, gazebos, swimming pools, stables, and greenhouses.
b) Parcels 5 acres to less than 20 acres in size.
(1) Permitted Uses:
(a) A single-family principal residential structure
21
Town of Troy Zoning Ordinance, Chapter 170
(b) Livestock raising, excluding commercial feed lots or fur farms
(c) Grazing or pasturing of livestock
(d) Horse paddocks
(e) Poultry raising excluding commercial egg production and excluding roosters
(f) Apiculture (beekeeping)
(g) Orchards
(h) Plant nurseries, Wholesale
(i) Raising of crops
(j) Aquaculture
(k) Agricultural Tourism, for no more than 130 consecutive days or 24 non-consecutive days (as could be
eight three-day weekends) in any 12 month period. Agricultural Tourism activities may also Home
Occupations. For all such activities that are planned for or expected to have an attendance of more
than 100 people in a 24 hour period, an event plan that provides for adequate, on-site parking,
proposed days and hours of operation, an ingress and egress permit from the appropriate road
jurisdiction, adequate sanitation measures, signage, solid waste management and other public safety
issues shall be filed in the office of the Town Clerk, for advance review and approval by the Zoning
Administrator, as a condition of conducting the planned activity. The Zoning Administrator may refer
the application to the Plan Commission for review and recommendation and the Town Board for final
action on any such application where the application fails to make it readily apparent that the health
and safety of the attendees and of the public will be adequately protected. After receiving Town
approval the applicant shall provide the same information and evidence of Town approval to the
servicing fire department, emergency medical service provider, St. Croix County Sheriff's Department,
Dispatch and any local law enforcement agency for any such agricultural tourism activities, at least 30
days prior to the start of any such agricultural tourism activity, and in every calendar year.
(2) Permitted Accessory Structures:
(a) General farm building (barns, silos, sheds, and storage bins)
(b) Private garages and carports, gazebos, swimming pools and greenhouses
c) Parcels less than 5 acres in size.
(1) Permitted Uses:
(a) Single-family principal residential structure
(2) Permitted Accessory Structures:
(a) Private garages and carports, gazebos, swimming pools, and greenhouses
(b) Tool and storage sheds incidental to residential use
3. Conditional Uses
a) Parcels 20 acres or larger.
(1) Conditional use permit required under Section V:
(a) Contractor's storage yard. Any such yard shall be so placed or screened by planting as not to be visible
at any time during the year from any public highway or any residential building other than that of the
owner of such yard, his agent, or employee.
(b) Commercial kennels, located not less than three hundred (300) feet from all property lines and 50 feet
from any potable water supply, and when all animals are housed indoors from 9:00 p.m. to 6:00 a.m.
daily, when no more than two animals six months or older are kept in any enclosure, when no more
than two animals six months or older are outside at any time and when bark suppression devices are
used on all dogs six months or older, when outside.
(c) Commercial kennels, located not less than three hundred (300) feet from all property lines and 50 feet
from any potable water supply, and when all animals are housed indoors from 9:00 p.m. to 6:00 a.m.
daily, when no more than two animals six months or older are kept in any enclosure, when no more
22
Town of Troy Zoning Ordinance, Chapter 170
j
than two animals six months or older are outside at anytime and when bark suppression devices are
used on all dogs six months or older, when outside.
i
(d) Quarrying or gravel pits, subject to the provisions of the St. Croix County Nonmetallic Mining
Ordinance.
(e) Dams, power plants, flowage areas, telephone, telegraph, cable television and power transmission
towers, poles and lines, including transformers, substations, relay stations, equipment housing and
other similar necessary appurtenant facilities, radio relaytowers; provided that such facilities are found
to be necessary and are located to avoid unreasonable interference with other uses permitted or
existing in the district. See requirements of Section T.
(f) Agricultural Tourism activities for more than 130 consecutive days or 24 nonconsecutive days (as could j
be eight three-day weekend) in any 12 month period. Agricultural Tourism activities may also be Home
Occupations. When such activities are planned for or expected to draw an attendance of more than
100 people in a 24 hour period, event planning meeting all requirements of subsections 1a)(1)(m) of
this Section shall be part of any conditional use permit requirements.
(g) Temporary establishment and operation of a portable asphalt hot mix plant for the production of
material used in the construction or maintenance of public roads and limited in time by contract to a
specific project duration.
(h) Temporary establishment and operation of a portable ready-mix concrete plant for the production of
material used in the construction or maintenance of public roads and limited in time by contract to a
specific project duration.
(i) Bed and breakfast establishment as defined in Wis. Stats. § 254.61(1).
(j) Golf course and uses incidental to a golf course, including a clubhouse/restaurant facility serving food
and beverage.
(k) Major Home occupations. See requirements of Section R.
(I) Recreational vehicle and boat storage.
(m) One roadside stand operated seasonally, where the majority of the items for sale are grown, produced,
or created on the premises or in the Town. of Troy, and which does not exceed three hundred (300)
square feet in area.
(n) Keeping of exotic animals.
(o) Horse boarding or training facilities.
(p) Non-profit religious, community service, recreational and educational retreat facilities.
b) Parcels 5 acres to less than 20 acres in size.
(1) Conditional use permit required under Section V:
(a) Contractor's storage yard. Any such yard shall be so placed or screened by planting as not to be visible
from any public highway or any residential building other than that of the owner of such yard, his agent,
or employee.
(b) Commercial Kennels, located not less than three hundred (300) feet from all property lines and 50 feet
from any potable water supply, and when all animals are housed indoors from 9:00 p.m. to 6:00 a.m.
23
Town of Troy Zoning Ordinance, Chapter 170
-daily, when no more than two animals six months or older are kept in any enclosure, when no more j
than two animals six months or older are outside at any time and when bark suppression devices are
used on all dogs six months and older, when outside.
(c) Dams, power plants, flowage areas, telephone, telegraph, cable television, cellular and power
transmission towers, poles and lines, including transformers, substations, relay stations, equipment
housing and other similar necessary appurtenant facilities, radio relay towers, provided that such
facilities are found to be necessary and to be located as to avoid unreasonable interference with other
uses permitted or existing in the district. See requirements of Section T.
(d) Temporary establishment and operation of a portable asphalt hot mix plant for the production of
material used in the construction or maintenance of public roads and limited in time by contract to a j
specific project duration.
i
(e) Temporary establishment and operation of a portable ready-mix concrete plant for the production of
material to be used in the construction or maintenance of public roads and limited in time by contract
to a specific project duration.
(f) Bed and breakfast establishment as defined in Wis. Stats. § 254.61(1).
(g) Major home occupations. See requirements of Section R.
(h) Recreational vehicle and boat storage.
(i) One roadside stand operated seasonally, where the majority of the items for sale are grown, produced
or created on the premises or in the Town of Troy, and which does not exceed 300 square feet in area.
(j) Keeping of exotic animals.
(k) Horse boarding or training facilities.
(I) Non-profit religious, community service, recreational and educational retreat facilities.
(m) Agricultural tourism activities for more than 130 consecutive days or 24 nonconsecutive days (as could
be eight three-day weekend) in any 12 month period. Agricultural Tourism activities may also be Home
Occupations. When such activities are planned for or expected to draw an attendance of more than
100 people in a 24 hour period, event planning meeting all requirements of subsection 2.b)(1)(k) shall
be part of any conditional use permit.
C) Parcels less than 5 acres in size.
(1) Conditional use permit required under Section V:
(a) Home occupations. See requirements of Section R.
(b) Bed and breakfast establishment as defined in Wis. Stats. § 254.61(1).
(c) Poultry raising, excluding commercial egg production, and excluding roosters.
(d) One roadside stand operated seasonally where the majority of the items for sale are grown,
produced or created on the premises or in the Town of Troy, and which does not exceed 300 square feet in
area.
24
i
Town of Troy Zoning Ordinance, Chapter 170
{
4. Area, Setback, and Height Requirements
The intent of these requirements is to be consistent with and subject to all applicable provisions of Chapter 135, the Town
Subdivision Ordinance, specifically including Sec. 135-6 dealing with subdivision design standards and Sec. 135-7 dealing with
density ratio, minimum lot size and other development standards. In the event of any inconsistency, the requirements of
Chapter 135 shall prevail.
t
a) Parcels 20 acres or larger.
(1) Minimum Setback:
(a) Front Yard: 150 feet from right-of-way to building line or 170 feet from paved road surface, whichever
is greater.
(b) Side Yard: 50 feet from property boundary to the building line.
(c) Rear Yard: 50 feet from property boundary to the building line. '
i
(2) Maximum Height:
(a) Principal residence and accessory building except silos, 45 feet
(b) Silos, 85 feet
b) Parcels 5 acres to less than 20 acres in size.
(1) Minimum Setback:
(a) Front Yard: 150 feet from right-of-way to building line or 170 feet from paved road surface, whichever
is greater.
(b) Side Yard: 50 feet from property boundary to the building line.
(c) Rear Yard: 50 feet from property boundary to the building line.
(2) Maximum Height:
(a) Principal residence and accessory building except silos: 45 feet
(b) Silos: 85 feet
i
c) Parcels between 2.5 acres and 5 acres in size.
(1) Minimum Setback:
(a) Front Yard: 150 feet from right-of-way to building line or 170 feet from paved road surface, whichever
is greater.
(b) Side Yard: 50 feet from property boundary to the building line.
(c) Rear Yard: 50 feet from property boundary to the building line.
d) Parcels less than 2.5 acres in size.
(1) Minimum Setback:
(a) Front Yard: 75 feet from right-of-way to building line or 95 feet from paved road surface, whichever is
greater.
(b) Side Yard: 25 feet from property boundary to the building line.
(c) Rear Yard: 25 feet from property boundary to the building line.
(2) Maximum Height:
45 feet
S. Limitation on Animals and Animal Units
a) Animal Units. The keeping and raising of livestock and exotic animals for agri-business, show, breeding or other purposes is
permitted, but is limited in terms of "animal units". "Animal units" are defined and calculated under the provisions of Wis.
Admin. Code Chapter NR § 243.05. Domestic animals not specifically listed there are permitted based upon one thousand
(1000) total pounds of animals being equivalent to one animal unit. The following regulations apply to all animal units, except
household pets:
25
f
Town of Troy Zoning Ordinance, Chapter 170
L-
(1) No animal units may be kept on lots or parcels in a major subdivision unless provided for in the plat and/or
the restrictive covenants affecting the plat. I
(2) On parcels and lots not in a major subdivision, one animal unit is allowed per acre of land available and
suitable for animal waste utilization, consistent with NRCS 590 Nutrient Management Conservation Practice
Standard.
b) Livestock facilities of all sizes are also subject to all applicable requirements of Wis. Admin. Code Chapters NR 243 (Animal
Feeding Operations), NR 151 (Run Off Management, ATCP 51 (Livestock Facility Siting), St. Croix County Code of Ordinances
Chapter 11 (Animal Waste Storage Facilities) and Natural Resources Conservation Service (NRCS) Conservation Practices
Standard Code 590, on Nutrient Management.
c) Lots or parcels three (3) acres in size or larger may have up to four (4) dogs over six (6) months of age. Dog populations
greater than this on lots of this size are regulated as Commercial Kennels. Lots or parcels less than three (3) acres in size may
have up to two (2) dogs over four (4) months of age.
d) Exotic Animals. Generally, the raising and housing of exotic animals is permitted only as a conditional use in the Agricultural
Residential District. An exotic animal is generally considered to be an animal not normally adapted to live and breed in a
tame condition, introduced from another country or not normally kept as a household pet or farm animal. However, certain
animals, including, but not limited to llamas, ostriches and emus, are not considered to be exotic animals under this Section.
Exotic animals are subject to the limitations on number of animal units under this Section, and treated as animal units under
all applicable provisions of Wisconsin Statutes and the Administrative Code.
Chapter 170
Section F
Exclusive Agricultural District (AG)
1. Purpose
The Exclusive Agricultural District is created to establish and protect areas within which agricultural uses may exist and
prosper, free from future conflict with residential development and other urban land uses, and to avoid the operational
conflicts which can occur when farm and nonfarm residential uses become too interspersed. The Exclusive Agricultural
District includes all areas that had been zoned Agricultural by St. Croix County on the effective date of this Chapter, and as
shown on the Town's Official Zoning Map. Areas zoned Agricultural by St. Croix County on that date and not of a size or use
to qualify as a permitted use under this Chapter shall be treated as nonconforming. Landowners with such nonconforming
rights can also apply for a conditional use permit where available under the terms of this Chapter. The Exclusive Ag District
is not a farmland preservation zoning district as defined by Wis. Stats. § 91.01(18).
2. Permitted Uses
a) Permitted Uses
(1) General farming, including beekeeping, egg production, floriculture, dairy, forest management, roadside
stands selling only produce from the farm operation on the premises by members of the farm family,
aquaculture, sod farming, livestock, poultry raising, nurseries, greenhouses, vegetable raising, raising of
crops, grass, and other similar uses, including placing land in federal programs for commodity payments or
enrolling land in the conservation reserve program under 16 U.S.C. § 3831 to 3836, but excluding farms
operated for the disposal or reduction or garbage, sewage, rubbish or offal; subject to the following
restrictions:
(a) No new, non-replacement livestock facilities, structures and other buildings for the housing of
livestock or poultry for which a building permit is issued after the effective date of this Chapter
shall be located within 100 feet of any property line or public right of way if said building will have
26
Town of Troy Zoning Ordinance, Chapter 170
fewer than 1,000 animal units. If the said livestock facility, structure or other building will have
1,000 animal units or more, it shall be set back 200 feet from any property line and 150 feet from
a public road right of way.
(b) No general agricultural farming operations shall have facilities containing more animal units than
permitted under Subsection 5 of this Section.
I
(2) Properly constructed and permitted concentrated animal feeding operations, livestock facilities and waste
storage facilities or structures, subject to all applicable state and county requirements.
(3) Agricultural Related Uses.
(4) Agricultural Tourism, for up to 130 consecutive days or 24 nonconsecutive days, (as could be eight three-
day weekends) in any twelve month period. When such activities are planned for or expected to draw an
attendance of more than 100 people in a 24 hour period, event planning meeting all requirements of
Section E.2.a)(1)(m) is required, in advance. Agricultural Tourism activities may also be Home Occupations.
(5) A single-family principal residential structure occupied by any of the following:
(a) An owner of the parcel on which the dwelling is located.
(b) A person who, or a family at least one adult member of which, currently earns the majority of his
or her gross income from conducting the farm operations on the parcel.
(c) A parent or child of an owner of the parcel who conducts the majority of the farm operations on
the parcel.
(d) A parent or child of an owner who resides on the parcel and who previously conducted the majority
of the farm operations on the parcel.
(6) Single-family residential dwellings and related farm structures existing on the effective date of this Chapter
and remaining after farm consolidation may be separated from the original farm parcel as part of a farm
consolidation, provided that the parcel and improvements conform with all applicable Town regulations.
b) Permitted Accessory Structures
(1) General farm buildings including barns, silos, sheds and storage bins and properly permitted livestock
facilities, waste storage facilities and structures.
(2) A barn, silo, shed or storage structure used solely for farming shall be permitted before a single-family
residential dwelling is constructed.
(3) Private garages and carports, gazebos, swimming pools, and greenhouses.
(4) One roadside stand operated seasonally where -the majority of items for sale are grown, produced or
created on the premises or in the Town of Troy, and that does not exceed three hundred (300) square feet
in area.
3. Conditional Uses.
(a) Licensed game management or fur farms governed by Wisconsin Statutes Chapter 29 and similar specialized
operations.
(b) Electrical generating facilities designed for nominal operation at a capacity of less than 12,000 kilowatts, telephone,
telegraph and power transmission towers, poles and lines, including transformers, substations, relay stations,
equipment housings and other similar necessary appurtenant facilities, natural gas transmission facilities, cellular,
radio and television transmission towers and microwave radio relay towers, provided that such facilities are found
to be necessary and are so located as to avoid unreasonable interference with other uses permitted or existing in
the district. See requirements of Section T.
(c) Agricultural Tourism activities for more than 130 consecutive days or 24 nonconsecutive days (as if in eight three
day weekends) in any twelve month period. When such activities are planned for or expected to draw an attendance
27
Town of Troy Zoning Ordinance, Chapter 170
of more than 100 people in a 24 hour period, event planning meeting all requirements of Section E.2.a)(1)(m) and E.
2.b)(1)(k) of this Chapter shall be part of any conditional use permit requirements.
(d) Communication, wind power or similar towers, not including silos or elevators. See requirements of Section T.
(e) Home occupations. See requirements of Section R.
(f) Keeping of exotic animals. (See Subsection 5).
(g) Horse boarding or training facilities. l
(h) One roadside stand, operated seasonally, where the majority of the items for sale are grown, produced or created
on the premises or locally, as in the Town of Troy, and that is larger than three hundred (300) square feet in area but
does not exceed three thousand (3,000) square feet in area.
4. Area, Setback, and Height Requirements
a) Minimum Lot Area
35 acres
b) Minimum Setback
(1) Front Yard: One hundred (100) feet from right-of-way to building line.
(2) Side Yard: Fifty (50) feet from property boundary to building line.
(3) Rear Yard: Fifty (50) feet from property boundary to building line.
(4) Livestock facilities, structures and other buildings for the housing of livestock or poultry are separately and
additionally subject to the setback requirements of Subsection 2 of this Section
C) Maximum Height
(1) Principal residence and accessory buildings except silos - Forty- five (45) feet.
(2) Silos - Eighty-five (85) feet.
5. Limitations on Animal Units
a) The keeping and raising of livestock for agri-business, show, breeding or other purposes is permitted. Where
concentrated animal feeding operations, livestock facilities and waste storage facilities or structures are not
involved, such activity is limited to one animal unit for each one (1) acre of contiguous lot or parcel area suitable for
animal waste utilization, consistent with NRCS 590 Nutrient Management Conservation Practice Standard. "Animal
units" are defined and calculated under the provisions of Wis. Admin. Code Chapter NR § 243.05. Animals not j
specifically mentioned there shall be permitted based upon one thousand (1,000) total pounds of animals being
equivalent to one animal unit.
b) Concentrated animal feeding operations, livestock facilities and waste storage facilities are also subject to all
applicable standards under the following regulations as enforced by State, County and Town, and as amended from
time to time, including but not limited to:
(1) Wis. 51ats. § 93.90 and Wis. Admin. Code Chapter ATCP 51, on Livestock Facility Siting.
(2) Wis. Stats. Chapter 92. Soil and Water Conservation and Animal Waste Management.
(3) Wis. Admin. Code Chapter NR 243, Animal Feeding Operations.
(4) Wis. Admin. Code Chapter NR 151, Runoff Management.
(5) St. Croix County Code of Ordinances Chapter 11, Animal Waste Storage Facilities.
(6) USDA Natural Resources Conservation Service (NRCS) Conservation Practice Standard Code 590: Nutrient
Management Conservation Practice Standard.
C) Exotic Animals. An exotic animal is generally considered to be an animal not normally adapted to live and breed in
a tame condition introduced from another country or not normally kept as a household pet or farm animal.
However, certain animals, including but not limited to llamas, ostriches and emus, are not considered to be exotic
animals under this Section. Exotic animals are treated as animal units under all applicable provisions of Wisconsin
Statutes and the Administrative Code.
28
Town of Troy Zoning Ordinance, Chapter 170
Chapter 170
Section G
Conservancy District (C)
1. Purpose
The purpose of the Conservancy District is to preserve the natural state of unique, irreplaceable or scenic areas for the
benefit of this and future generations, to provide areas where native flora and fauna can thrive in a natural habitat, to
provide areas for outdoor recreational use and parks, to prevent the inappropriate spread of development into such areas,
to protect wetlands and lands subject to periodic flooding, to prevent development which would deplete or destroy natural
resources or be otherwise incompatible with the public welfare and to protect the community and the Town from the costs
and consequences that may be incurred when unsuitable development occurs in such areas. Conservancy-zoned land is not
available to be treated or counted as "open acres" or "open space" under Chapter 135, the Town's Subdivision Ordinance.
2. Permitted Uses
a) Permitted Uses
(1) Outdoor uses including preserves, scenic areas, historic, scientific, educational and research areas, fishing,
soil conservation practices, sustained yield forestry, stream bank protection and water management and
control practices; provided, however, that no such use shall involve structures or fill in, soil or peat
removal from, or the disruption of, the natural flow of any watercourse and otherwise preserves natural
topography.
(2) Public education and research for natural, scenic, conservation, wildlife or plant habitat, and conservation
preservation management.
(3) Forest reserves used for wilderness and wildlife areas.
(4) Parks and natural recreation areas including athletic fields, playgrounds, nature centers, camps, picnic
areas, hiking, walking, bicycle trails, swimming, beaches and other, non-motorized recreational uses.
(5) Roads and parking areas to serve on-site uses.
b) Permitted Accessory Uses
(1) Structures used in conjunction with and necessary to support permitted uses.
(2) Horse trails
(3) General crop farming; raising native or prairie grasses; and orchards
(4) Public utilities.
3. Area, Setback and Height Requirements
a) Minimum Lot Area
(1) There is no minimum lot area because the district is not intended for lot-based development, other than
permitted uses allowed in the district.
b) Minimum Setback for Parcels less than 2.5 acres.
(1) Roadside: 75 feet from right-of-way to building line.
(2) Side Yard: 25 feet from property line to building line.
(3) Rear Yard: 25 feet from property line to building line.
C) Maximum Setback for Parcels 2.5 acres or larger
(1) Roadside: 150 feet from right-of-way to building line.
(2) Side Yard: 50 feet from property line to building line.
(3) Rear Yard: 50 feet from property line to building line.
d) Setbacks in the Lower St. Croix Riverway Overlay District are separately subject to Town (Chapter 17, Subchapter
III.V.) requirements.
29
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Town of Troy Zoning Ordinance, Chapter 170
e) Minimum Lot Area
(1) 45 feet j
;
Chapter 170
Section H
Manufactured Home District (MH)
1. Purpose and Intent
a) Manufactured home communities may be established in the Manufactured Home District in accordance with the
procedures, requirements and limitations set forth in this Section. Within such manufactured home communities,
manufactured homes, with such additional supporting uses as are permitted herein, may be located subject to the
requirements and limitations set forth in this Chapter and this Section.
i
b) It is the purpose of this Section to recognize mobile homes that were manufactured or assembled prior to June 15,
1976, as distinct and different from units designated in this Section as manufactured homes, and to prohibit mobile j
dwelling units not meeting the definition of manufactured homes from permanent placement or location in the
Town after the effective date of this Chapter. To this end, mobile homes now located in the Town shall become
nonconforming uses after the effective date of this Chapter, and the location of additional mobile homes in the Town
is prohibited. Modular homes meeting the requirements of the Wisconsin Uniform Dwelling Code shall not be
permitted in a manufactured home community except as a conditional use.
C) After the effective date of this Chapter, no person shall park, locate or place any manufactured home outside of a
licensed manufactured home community in the Town, except that manufactured homes may be located in a
manufactured home subdivision in the Manufactured Home District under a conditional use permit.
2. Definitions
The following definitions are used in this Section:
i
a) Manufactured Home Community: Any plot or plots of ground upon which are located three or more manufactured
homes that are occupied for dwelling or sleeping purposes, not including a farm where the occupants of the
manufactured homes are the father, mother, children or siblings of the farm owner or operator, or where the
occupants of the manufactured homes work on the farm. Manufactured home communities are distinguished from
manufactured home subdivisions, which have no common facilities or continuing management services.
b) Manufactured Home Subdivision: A parcel of land platted and subdivided to meet all requirements of Chapter 135,
Town of Troy Subdivision Ordinance, and designed or intended for lots to be conveyed by deed to individual owners
for residential occupancy by manufactured homes. A manufactured home subdivision shall be allowed only as a K
conditional use under the requirements of Section V of this Chapter. F
f
C) Manufactured Home: The term "manufactured home" is defined in Wis. Stats. § 101.91(2)(am) as a structure
designed to be used as a dwelling, with or without a permanent foundation, and certified by the federal Department
of Housing and Urban Development as complying with the standards established under 42 USC 5401 to 5425.
Manufactured homes are not mobile homes. Manufactured homes are not modular homes. r
d) Mobile Home: The term "mobile home" is defined in Wis. Stats. § 101.91 (10), as a vehicle manufactured or
assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor
vehicle, equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible r.
construction and an overall length in excess of 45 feet. "Mobile home" includes the mobile home structure, its
plumbing, heating, air conditioning and electrical systems, all appliances and all other equipment carrying a
30
Town of Troy Zoning Ordinance, Chapter 170
I
manufacturer's warranty and any additions, attachments, annexes, foundations, and appurtenances. Mobile homes
are not manufactured homes. Mobile homes are not modular homes.
e) Modular Home: The term "modular home" is defined in Wis. Stats. § 101.71(6) as any structure or component
thereof that is intended for use as a dwelling and is either of closed construction, fabricated or assembled in
manufacturing facilities away from the building site for assembly, connection or installation at the building site; or
of open construction and fabricated or assembled in manufacturing facilities away from the building site for
assembly, connection or installation at the building site,. and built to the state one or two-family building code, in t
either event. Modular homes are a dwelling code-compliant alternative to a "stick built home", are not
manufactured or mobile homes and are not regulated as such.
f) Other Statutorv Definitions: In addition to the above definitions, related term definitions in Wis. Stats. 101.91
and 66.0435 are also applicable.
3. Nonconforming Manufactured Homes and Mobile Homes.
a) Mobile homes and manufactured homes that are legally located on a premises outside a licensed manufactured
home community prior to the effective date of this Chapter may remain in such location as a nonconforming use.
The owner of any such premises on which multiple mobile homes are located shall continue to comply with Chapter
92 of the Town Code of Ordinances regulating mobile homes and mobile home parks.
4. Permitted Uses
a) Permitted Uses
(1) Manufactured home communities.
(2) One-family detached manufactured homes, location in a manufactured home community.
(3) Structures in a manufactured home community and used for storm shelter, community gatherings, laundry,
and/or limited, miscellaneous retail sales for community resident convenience.
i
b) Permitted Accessory Uses and Structures.
(1) Uses and structures that are customarily accessory and clearly incidental to permitted principal structures,
including uses and structures utilized for garages, safety, maintenance and recreation.
I
5. Conditional Uses
a) One-family modular homes placed in a manufactured home community.
b) One-family detached manufactured homes located in a manufactured home subdivision.
C) Major home occupations.
6. Area,'Density, Lot Size, Setback, Height and Related Manufactured Home Community Requirements
a) Area: All manufactured home communities shall have a minimum area of fifty (50) acres and a maximum area of
one hundred (100) acres.
b) Density: Manufactured homes are treated as "dwelling units", and manufactured home communities shall have a
density ratio consistent with and subject to the applicable provisions of Chapter 135 of the Town Code, (its
Subdivision Ordinance) specifically including Sec. 135-6 (design standards), Sec. 135-7 (standards in areas not zoned
for exclusive agricultural use), Sec. 135-8 (standards in areas zoned for exclusive agricultural use), and Sec. 135-9
(transfer of development rights). It is the intent and purpose of this Section that the density requirement for the
property proposed for use as a manufactured home community and as zoned on the effective date of this Chapter
(e.g., exclusive agricultural district, agricultural residential district, etc.) shall be applied to determine the available
number of dwelling units that can be placed in a manufactured home community or subdivision when said property
is rezoned to the manufactured home district.
C) Lot Size and Setback: Manufactured home spaces in a manufactured home community shall be a minimum of
seventy (70) feet wide and one hundred (100) feet in depth, have a setback of twenty-four (24) feet from all street
right-of-ways, and have a side yard clearance of twelve (12) feet between basic units, except that driveways may
extend to within six (6) feet of a space boundary line. Accessory structures, such as awnings, cabanas, storage
31
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Town of Troy Zoning Ordinance, Chapter 170
cabinets, carports, windbreaks or attached porches are considered part of the basic unit for purposes of determining I
compliance with this provision. i j
d) Maximum Height: Principal dwelling unit - 35 feet.
7. In all Manufactured Home Communities and Manufactured Home Subdivisions in the Town:
a) The requirements and standards of Chapter ATCP 125, and Chapter SPS 326, Wisconsin Administrative Code, as now
existing or hereafter amended, are incorporated herein by reference as if fully set forth, except that such regulations
shall not be deemed to modify any unrelated requirement of this Section or any other applicable law or ordinance of the
State or Town.
b) No manufactured home plot or lot in a manufactured home subdivision shall be rented for a period of less than six (6)
months.
c) No manufactured home community or subdivision shall be laid out, constructed or operated without an operational
private sanitary sewer service system designed to be in compliance with Wis. Admin. Code SPS § 326.14
d) All liquid wastes originating at units, service or other buildings shall be discharged into the required sewerage system.
Such system shall comply with all applicable provisions of the state code and County and Town ordinances relating to
plumbing and sanitation.
e) Adequate provision shall be made for the disposal of solid and liquid wastes. Open burnings of waste or refuse is
prohibited. All garbage receptacles shall be securely covered. h
i
f) All television cable systems, electrical and telephone distribution lines and oil or gas piping serving the park or spaces
therein shall be installed underground. Distribution systems shall be new, and all parts and installations shall comply i
with all applicable federal, state and local codes.
g) Each home shall comply with Wisconsin Administrative Code § SPS 326.16, and shall be provided with direct, separately i
metered electrical service. i
I
h) Exposed ground surfaces in all parts of every manufactured home community or subdivision shall be covered with grass
or other vegetative growth. h
i) The ground surface in all parts of every manufactured home community or subdivision shall be graded and equipped to
drain all surface water in a safe, sanitary and efficient manner.
j) All manufactured home communities and subdivisions are subject to the stormwater, drainage, groundwater and soil
erosion requirements in all applicable state statutes, state administrative code, and County and Town ordinances.
k) All manufactured home communities and subdivisions shall be furnished with individual outdoorspace lighting oftwenty-
five to sixty (25-60) watts, spaced and equipped with luminaires placed forthe safe movement of pedestrians and vehicles
at night. All outdoor and street lighting fixtures in the park shall be fully shielded to direct lighting downward.
1) All manufactured home communities and subdivisions streets shall be laid out, designed and constructed in compliance
with town road standards for public roads,
m) All manufactured home communities and subdivisions shall be provided with concrete or blacktop pedestrian walks
between individual manufactured homes, park streets and community facilities of not less than three (3) feet in width.
Grade and surfacing of walks shall be subject to the approval by the Town Engineer.
n) All manufactured home communities and subdivisions shall have a berm, greenbelt and/or buffer strip of trees along the
full property perimeter. Screening or planting requirements may be waived or modified by the Town Board if it finds that
32
Town of Troy Zoning Ordinance, Chapter 170
the exterior architectural appeal and functional plan of the park, when completed, will be materially enhanced by
modification or elimination of such screen planting requirements.
o) No signs shall be erected in manufactured home communities and subdivisions other than those provided and approved
as part of the developer's permit required under Subsection 8 of this Section.
p) All manufactured home communities and subdivisions shall be provided with safe and convenient vehicular access from
abutting public streets or roads to each manufactured home space. Entrances shall be designed to minimize congestion j
and traffic hazards and allow free movement of traffic on adjacent streets.
q) All manufactured home communities and subdivisions shall provide emergency shelter sufficient to withstand severe
wind and/or tornadic activity that is readily accessible to all residents and sized to hold 110% of the maximum capacity 1
of the manufactured homes being served.
8. Manufactured Home Community Development Permit
a) No person shall locate manufactured homes in a manufactured home community or construct or extend any
manufactured home community general use building or facility within the Town without zoning being correct and
without first securing a manufactured home community development permit from the Town, in addition to the
permit required by Wis. Stats. § 101.935. Such Permit may be issued only after the report and recommendation of
the Plan Commission and approval by the Town Board.
b) Applications for manufactured home community development permits shall be filed with the Town Clerk with
sufficient copies for the Town Clerk to forward one (1) each to the Building Inspector, and Town Engineer, who shall
review said application to determine whether the applicant, the premises on which said community will be located
and the proposed design and specifications thereof and all buildings proposed to be constructed thereon will comply
with all applicable regulations, ordinances and laws and report their findings in writing within sixty (60) days.
C) Applications for manufactured home community development permits shall be accompanied by all applicable fees
as established by the Town to cover the cost of review, investigation, processing, and all other administrative actions
of the Town. This does not include regular building permit fees for any building or structure to be erected within the
proposed community.
d) Applications shall be made on forms furnished by the Town Clerk and shall include the following information:
(1) Name and address of applicant.
(2) Location and legal description of the proposed community, addition, modification or extension. i
(3) Names and addresses of all ro ertowners within 1,000 feet of the ro osed community property line.
(4) A complete plot plan showing compliance or plan for compliance with all applicable provisions of this
Chapter, the municipal building code and subdivision ordinance, consistent with and subject to all applicable
standards of the State of Wisconsin.
(5) Complete preliminary engineering plans and specifications, including a scale drawing of the proposed
community showing but not limited to:
(a) Plans and specifications for all utilities, including sewage collection and disposal storm water drainage,
water and electrical distribution and supply, refuse storage and collection, lighting, telephone and TV
cable or antenna systems.
(b) Location and width of internal roadways and walkways, buffer strips, recreational and other common
areas.
33
Town of Troy Zoning Ordinance, Chapter 170
(c) The location of manufactured home stands within the manufactured home spaces, including a detailed
sketch of at least one (1) typical manufactured home space and stand therein.
(d) Landscape plan showing all plantings.
(e) Plans and specifications of all park buildings and structures, including all signs and entrance
monuments.
(6) Interest of applicant in proposed manufactured home community or extension: if the owner of land on
which the manufactured home community will be located is a person other than applicant, the verified
statement from the owner that applicant is authorized to construct and maintain the proposed community,
addition, modification or extension and make the application on the property owner's behalf, with
attendant contractual documentation.
(7) Written statements describing proposed community operations, management and maintenance, including
proposed fees, charges and other requirements to be imposed on manufactured home occupants by the
community operator.
(8) The state permit required by Wis. Admin. Code Ch. SP5 326, as soon as it is issued.
e) Developer's Agreement.
(1) Anyone proposing to construct or enlarge any manufactured home community shall enter into a
developer's agreement with the Town as a condition of the Town's approval of a manufactured home
community developer's permit.
(2) Components. The developer's agreement shall contain, among other requirements, all relevant
components, as solely determined by the Town, as outlined and described in Article III and related
requirements of Chapter 135 of the Town's Subdivision Ordinance.
(3) The developer's agreement shall specifically provide that the developer shall pay to or reimburse all of the
Town's professional, administrative, and related fees and expenses related to the review and consideration
the application and to the preparation of the developer's agreement. An approved developer's agreement
shall be executed and delivered to the Town prior to final action on zoning, conditional use or community
development permit being taken by the Town Board.
f) After submission of all components of the application for manufactured home community development permit the
Town Clerk shall forward copies of such application materials to the Plan Commission for a public hearing. The Plan
Commission shall hold a public hearing on the permit application not more than sixty (60) days after the application
has been forwarded by the Town Clerk and after first giving notice of the time and place by publication of a Class 2
notice under Chapter 985 of the Wisconsin Statutes, which hearing may be combined with a hearing on any rezoning
or conditional use applications related to the project. At least ten (10) days prior to the said public hearing, written
notice shall also be given to the owners of all parcels of property located within one thousand (1,000) feet of the
property subject to the application. Not more than thirty (30) days following the public hearing, the Plan Commission
shall provide a written report and recommendation to the Town Board as to whether the application should be
denied, approved, or conditionally approved subject to modifications or additional requirements. Within thirty (30)
days of receipt of the report and recommendation from the Plan Commission, the Town Board shall take action on
the application.
g) All final engineering plans and specifications complying with the provisions of this Section and all other zoning
regulations as well as any modifications or conditions imposed by the Town Board shall be submitted to the Town
Clerk and checked by the proper municipal officials for compliance before the manufactured home community
development permit is issued.
i
34
Town of Troy Zoning Ordinance, Chapter 170
Chapter 170
Section I C
Traditional Commercial District (TR-COMI)
1. Purpose and Intent.
a) The purpose of the Traditional Commercial District is to provide for the orderly continuation of existing commercial
activity in the Town. The intent of this District is to include only those-areas of the Town that were zoned commercial
prior to the effective date of this Chapter, and to accommodate the continuation of commercial activities zoned as such
and operating in the Town on the effective date of this Chapter.
i
b) The Traditional Commercial District does not provide for commercial activities and uses other than those zoned as such
and operating in the Town on the effective date of this Chapter. However, land in the Traditional Commercial District is
I
eligible for a conditional use permit for similar commercial uses that are compatible with the uses to which the property
is being put on the effective date of this Chapter. Land in the Traditional Commercial District and in the Land Eligible for
Commercial Rezoning Overlay District is also eligible for additional commercial district rezoning.
c) The owner of a lot or parcel of land in the Traditional Commercial District that is reduced in area as the result of
proceedings in eminent domain or inverse condemnation and who then acquires title to contiguous land to replace the
area lost in this manner or to rezone contiguous land already owned for the same purpose is eligible for and may apply
to the Town to rezone the contiguous land so acquired or already owned to the Traditional Commercial District in an
amount sufficient to replace the land that was lost.
2. Permitted Uses.
a) Permitted Uses.
(1) Cemetery monument manufacturing and sales.
(2) Golf Clubhouses with a restaurant and bar. f
(3) Taxidermy studios with modeling clay production and sales.
(4) Bottling production plan.
(5) General trucking and empty truck trailer strorage.
i
b) Permitted Accessory Uses
(1) Office, storage, power supply and related uses in conjunction with a permitted use.
(2) Garages for storage of vehicles used in conjunction with a permitted use.
(3) Off street parking, loading and service facilities used in conjunction with a permitted use.
I
3. Area Setback and Height Requirments.
a) Minimum Lot Area. Lots shall have a minimum of two acres.
b) Minimum Setback, new construction:
(1) Front Yard: 150 feet
(2) Side Yard: 50 feet
(3) Rear Yard: 50 feet
c) Maximum Height
(1) 45 feet
d) Maximum Hard Surface Lot Coverage: Impervious hard surface shall not exceed 20% of the lot.
35
Town of Troy Zoning Ordinance, Chapter 170
Chapter 170
Section J
Land Eligible for Commercial Zoning Overlay District (LECR)
1. Purpose and Intent.
a) The purpose of the LECR overlay district is to implement certain objectives of the Town's Comprehensive Plan, which
designates certain state highway corridor area as the planned location for future commercial development. Area
generally shown for future commercial development in the Town's Comprehensive Plan is more specifically designated
on the Town's Official Zoning Map as Land Eligible for Commercial Rezoning ("LECR"), an overlay zoning district. Land in
the LECR Overlay District remains in its underlying zoning district, shown on the Town's Official Zoning Map. Commercial
rezoning and development of land in the LECR Overlay District will be encouraged by the Town when it is the subject of
a specific commercial development proposal that is consistent with the Town's Comprehensive Plan, meets the
requirements of applicable Town ordinances, and after considering the nature of the proposed use(s) and its value and
desirability to Town residents and landowners.
b) For land in the LECR Overlay District meaningful, informal discussion between the property owner and the Town, with
landowner and public notification and participation when appropriate, can take place without the initial need to incur
the substantial cost associated with developing the type of specific and detailed commercial development proposal that
would have to accompany a petition to rezone land for commercial uses. Informal discussion of which commercial district
is appropriate for the commercial development under consideration for LECR land may occur at any time, but the actual
determination of the type of commercial zoning district appropriate for specific land in the LECR Overlay District, will
only be made by the Town following receipt of a petition for rezoning to a specified commercial district.
2. Rezoning and LECR Overlay District.
a) Land that is rezoned for any type of commercial use after the effective date of this Chapter must be located in an LECR
Overlay District as shown on the Official Zoning Map, save only for the limited rezoning available to add replacement
land to the Traditional Commercial District following eminent domain proceedings. A petition to amend the Official
Zoning Map to rezone land as commercial shall either seek the rezoning of land already designated as "LECR" or be
preceded by a proposal to amend the Town's Comprehensive Plan to include the land as area for future commercial
development area and shown as such in the Town's Comprehensive Plan, which proposal shall be separately considered
by the Town in advance consideration of any petition to amend the Official Zoning Map to place the land in the LECR
Overlay District.
b) The requirement that the Comprehensive Plan be amended before including additional land in the LECR Overlay District
does not apply to land that is fully contiguous to land located in the LECR Overlay District on the effective date of this
Chapter, where it is determined during the process required to amend the Official Zoning Map that adding the contiguous
land is compatible with development design in the area, that the range of uses being proposed for the land is not
incompatible with existing uses of neighboring land, and that the neighboring landowners have been informed of the
proposed inclusion and have had full opportunity to be heard and have their concerns addressed.
c) Land designated as LECR will be processed for removal from the Overlay District upon receipt of a petition to amend the
Town's Official Zoning Map, submitted by all record owners of the designated property, including the property
description for the land sought to be removed and processed under Section X of this Chapter.
3. Development Rights.
The right to create and sell development rights remains with land in the LECR Overlay District, subject to the requirements of
the Town's Subdivision Ordinance. The type and quantity of available development rights is calculated based on the land's
underlying zoning classification, determined pursuant to that Ordinance.
36
Town of Troy Zoning Ordinance, Chapter 170
i.
Chapter 170
Section K
Commercial Districts: General Standards for All Categories of Commercial District t
1. Purpose and Intent.
The purpose of the commercial zoning districts other than the Traditional Commercial District is to provide for present and
future commercial activity in the Town and for future development of a Town Center. Commercial districts should provide
services and employment opportunities for Town residents, increase the Town's tax base and lessen the tax burden on
residential and agricultural properties. Each commercial zoning district is intended to facilitate quality, attractive
development appropriate to the allowed uses. Regardless of the type of commercial district, innovative design, quality
materials and inviting landscaping will be important considerations for the Town as it reviews and considers commercial
rezoning and development proposals.
The Town Center district is intended to facilitate a sense of place for Town and area residents and to serve as a community
gathering place. Development in that district will incorporate diverse, smaller scale structures reminiscent of historic small 1
town main streets and include locations for governmental and other service businesses, retail shops, dining and
entertainment establishments while incorporating parks and other green areas.
The design standards and requirements set out in this Section apply in all commercial districts unless more specific
requirement are set forth elsewhere in this Chapter.
i
2. Land Eligible for Commercial Rezoning (LECR) Overlay District
Land that is rezoned to any type of commercial use after the effective date of this Chapter shall first be located in the Overlay
- District shown on the Official Zoning Map and described as "Land Eligible for Commercial Rezoning" (LECR). Discussion of
which commercial district is appropriate for the commercial development under consideration for land in the LECR overlay
district may occur at any time, but the actual determination, and Town approval of the type of commercial zoning district that
is appropriate for specific land in the LECR overlay district, will be made only at time of actual rezoning to a specified
commercial district.
i
A formal application to rezone land in the LECR overlay district to a specific type of commercial zone category shall include
detailed descriptions of all uses being requested, development and construction details, infrastructure, landscaping and other
design specifications and any other information required by the Town Engineer, Plan Commission or Town Board.
3. Hard Surface and Density Requirements: All Commercial Districts
a) Land in LECR Overlay District and Zoned Ag-Residential. i
Land in the LECR overlay district and zoned ag-residential may create 1.5 acres of hard surface when it rezones to
any commercial district for every lot that is available for subdivision in the area, based on the applicable
requirements of the Town's Subdivision Ordinance and on its zoning classification as determined under that
Ordinance. For this purpose only, the calculation to determine the number of available lots is rounded to the nearest
hundredth. The total number of lots, carried to the second decimal point and multiplied times 1.5, determines the
allowable hard surface area, in acres.
Land zoned ag-residential and located in an LECR overlay district that is rezoning to commercial may elect to be
treated for purposes of hard surface and development as though it was zoned Exclusive-Agriculture., A developer
may transfer Development Rights into land being zoned commercial, up to double the number of presumptively
available lots. Each transferred Development Right will allow an additional 1.5 acres of hard surface.
b) Land Zoned in LECR and Zoned Exclusive-Ag.
Land in the LECR overlay district and zoned exclusive-ag may create 1.5 acres of hard surface when it rezones to any
commercial district for every lot that is available for subdivision in the area, based on the applicable requirements
of the Town's Subdivision Ordinance and on its zoning classification as determined under that Ordinance. For this
37
Town of Troy Zoning Ordinance, Chapter 170
purpose only, the calculation to determine the number of available lots is rounded to the nearest hundredth, and
the number of lots at three and twelve acres densities is added together. The combined number of lots that can be
created, carried to the second decimal point and multiplied by 1.5, determines the number of acres of allowable
hard surface area, in acres.
C) A developer may transfer Development Rights into land being zoned commercial, up to double the number of
presumptively available lots. Each transferred Development Right will allow an additional 1.5 acres of hard surface.
4. Uses in Commercial Districts.
Uses in each category of commercial district are either permitted, conditionally permitted or not allowed.
See Table 1 and requirements for each commercial district in Sections L-O.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
38
Town of Troy Zoning Ordinance, Chapter 170
Town of Troy ! i
'Table 1- Commercial Zoning District Summary t 1 j
Office Park- General Retail Town Center Limited
Medical Clinic And Service
170 170 170 170
!Proposed Use Section .1 Section K Section L Section M
(COM-OP/MC) (COM-GR/S) (COM-TC) (COM-LTD)
P=PERMITTED l C=CONDITIONAL ( A=ACCESSORY
USES
Accountants P p p A
All Forms Of Small Sho Retail And Everyday Services p p
Animal :P...y _ _ . w.,..._,.,.._.,,..,....,_... „ W_
Food Stores P p
_ ..M.._,_... . ~ . . ,
'Automobile And Truck Repair p
Automobile Body Shops p
B&Bs
Bakeries .PuW:„_..,._ ~_x.. P,__,.,
P ? P
Boat And Marine Sales C CM
Branch Banks P P
C
:Clinics P C C
'Clothing And Other Discount Retailers p,.,_,... Cw_ V µ
'CContractorS orage Yards C
Day Care c C
Delis A P P 1
..-J
Delis And Fast Food/Eat-In Providers A P P
Dentists P
;PaCleanmg P P. -
Entertainment P p I
Farm And Home Equipment Repair - C
'Fast Food Drive Thru P
Garden Stores C c
I
Government Services P P
Heliports._.,......._.,.__ C
Home Product P P
:Hotels , ..........:........w.._..__,:..........,.._...,....., ;
A C
Indoor And Outdoor Recreational Venues P C
?Indoor Garden Center A
Indoor Recreational Facilities P P i
Indoor Seasonal Boat Storage m~ _ A
Laboratories P
- , . _ _
Landscaping Contractors And General Warehousing (Where Such Use Involves The Outdoor Storage Of C P
Vehicles, Equipment, Or Material)
Large Footprint Grocery P.. _ _
.
L
Law And Other Professional Services P P c
-1 _ . . -
Law Practices P P c
- _ _ _ -
Lifestyle Centers P c..__.._
w . _ - _ . _
Limited Propane Or Other Fuel Storage Facilities Where Fuel Is Held For Delivery. And Sale C
_
.
1 Liquor Stores P p
Medical And Technical Research Facilities (Including Limited Clean Room Assembly Operations) C
Medical E w merit Sales A
Medical Specialties w _ .w _ W P.. P._....._.,
MortuariesProvidin On-Site Cremation C„
Mortuary Not Providing On Site Cremation _ A'
39
Town of Troy Zoning Ordinance, Chapter 170
- -
Town of Troy
!Table 1- Commercial Zoning District Summary 1
Office Park- General Retail Town Center Limited
Medical Clinic And Service
170 170 170 170
Proposed Use Section J Section K Section L Section M
(COM-OP/MC) (COM-GR/S) (COM-TC) (COM-LTD)
P=PERMITTED I C=CONDITIONAL A=ACCESSORY
.Motels . m. A _ .m. _
Multiple Occupancy Medical Clinics And Office Buildings Providing Facilities For Doctors P [ ?
_Multiplex Movie The.aters P.
New And Used Vehicle Sales C c
:Nursing Homes C C
Office. A ~...A _
Office Supply And Other Retail And Service Support Located Within An Office Park Or Larger Scale A
'Medical Or Office Facility
P
;Outdoor boat or recreational vehicle Stora e
Outdoor Farm Feed And Su ly Stores C C
'Outdoor Garden Centers C C
:Outdoor Recreational Facilities C C
(Outdoor Retail And Food Kiosks P P
.Pharmacies .,.~....-,.__.......,._...._..,_,.......,~.,.,....~...,,_...,,.,,.:._-...,.....,.~.~,M,~..,-..,..~., A.:,,_~ _.,.,.,P .......C.~..~.
Post Office Annex P _ P
Professional5ervices _ _ _ P P
Restaurants P P
Retail Fuel Sales And Delivery Facilities C
Single Office Service Prowders,(Includmg Medical Provideg dnd ttornq P
Single Screen Movie Theaters m P P
'Small Day Care Facilities _ . _ _ . P _.P m.
Small Grocery
....,.,.M._.. , w .,u__ _.P
.
P
!Small Hardware Stores
P P
(Small Office And Governmental Services ~p,,.~~._ p
:Small Office Medical P P
Small Specialty Food Stores P p
m__ . ............u__M.. r. w.._u....._,....
:Smaller Service And Retail Providers P P
SpecialTyGroce Stores P P
;Stri.p. .w. ShoPP.. ing. Centers C
.
pTempora Or Seasonal Sales Or Services C C
. ._..a....,_._...__..._.... ._....M......
Temporary Seasonal Sales Such As Christmas Trees C C
Uses Typically Found On Main Streets In Small Town America A
(Veterinarian Clinics C C
_ -
'Vision Sales A P _ P
. .
'Warehouses For Commercial And Individual Use A
i
40
Town of Troy Zoning Ordinance, Chapter 170
S. Area, Setback and Height Requirements.
a) Minimum Setback: all commercial districts Except Town Center.
(1) Front Yard: 150 feet, subject to (4), below.
(2) Side Yard: 50 feet, subject to (4), below.
(3) Rear Yard: 50 feet, subject to (4), below.
(4) No front, side or rear setback shall be less than the height of the commercial structure
without an exception to the design standards in this Section being received from the
Town Board.
b) Maximum Height: 45 feet
6. Off-Street Parking and Signage
a) Development in all commercial districts is subject to the requirements of Section Q: Traffic
Visibility, Parking, and Access; and Section S: Signs, in addition to all other applicable requirements
of this Chapter.
7. Architectural, Landscaping, and Other Requirements
Plans for architectural, landscaping, and other requirements of this Chapter shall be reviewed by the Plan
Commission to determine if the minimum requirements are met. The Plan Commission shall provide a
report to the Town Board. Where the minimum requirements are met, the Town Board shall then
determine, after receiving the recommendation of the Plan Commission, the terms of the necessary
development agreement with the Town providing for, among other things, appropriate deposits, fees,
bonding, or other financial security to assure the satisfactory completion of all project construction,
including all proposed private or public infrastructure and roads.
Minimum requirements for all commercial rezone and development proposals include, but are not limited
to:
a) Architectural Standards. It is in the best interest of the Town to promote high standards of
architectural design. New building proposals shall include architectural and site plans that include
but are not limited to the following:
(1) Elevations of all sides of all buildings.
I
(2) Type and color of exterior building materials, which shall be of attractive quality. The
building fagade may have varied materials including brick, stone, glass, stucco, .
architectural block, or equivalent material.
(3) General floor plans.
(4) Dimensions of all structures.
(5) Location of trash containers, utilities, heating, cooling, and ventilation equipment and
systems, indoors and outdoors. All exterior equipment, trash, and recycling storage areas
and dock areas shall be screened with materials used in the principal structure. Low
profile, self-contained HVAC units which blend in with the building architecture are
exempt from the screening requirement. Underground utilities shall be provided for all
structures.
6) Description of unique architectural features specific to the particular request.
b) Landscaping. All yard area shall either be landscaped green areas or open space, left in a natural state.
Yards to be landscaped shall be landscaped attractively with lawn, trees, and shrubs in accordance with
41
Town of Troy Zoning Ordinance, Chapter 170
i.
a plan prepared by a landscape architect and approved by the Town. Areas left in a natural state shall
be subject to an approved maintenance plan to ensure that all such areas are kept free of litter, debris,
and noxious weeds. Reasonable attempts shall be made to preserve as many existing trees as is
practical and to incorporate them into the site plan. Where commercially rezoned and developed area E
will abut residential area or districts, a buffer area that is bermed, landscaped and/or fenced, adequate
in all respects to screen noise, sight, sound and glare from reaching adjoining, pre-existing residences
and of a minimum depth of 100 feet will be required. The buffer area shall be completely defined and
r'
approved by the Town.
i
C
c) Miscellaneous Requirements.
(1) All storage, service, repair, or processing equipment and activities shall be designed,
located and conducted wholly within an enclosed building or behind an opaque fence or
wall not less than 6 feet high.
i
(2) Incineration of waste material shall be conducted only in approved equipment located
within the building where the allowed use is conducted.
(3) New buildings shall be designed to harmonize with existing or previously approved
development and to maintain the architectural theme and character of the district
through application of the following design elements:
(a) Exterior materials, colors, building accents, styles and rooflines shall be compatible
with existing buildings within designated segments of the district. I
i
(b) In the event that the exterior area of a building (at least 50 percent) will be modified,
remodeled, replaced and/or reconstructed, said building shall conform to the
standards established by this section.
(c) No accessory buildings shall exceed the height of a principal building.
(d) No outdoor display, sales or storage shall be allowed.
(e) Demonstrated environmental compatibility and enhancement of existing natural
features and facilities is strongly encouraged.
8. Planned Unit Development Requirements.
i
a) General Purpose and Provisions. Planned development districts, also called planned unit
developments ("PUD") may be created in any commercial district category and may be required in
the Town Center district. All approved PUDs shall provide for safe and efficient systems for
pedestrian and vehicular traffic, attractive recreation and landscaped open space, economic and
attractive design and location of public and private utilities and community facilities and shall
require sound and adequate standards of construction and planning as determined by the Town.
Applied to a specific area, the PUD may have the effect of allowing development to be designed,
constructed and managed according to the provisions of this Section, rather than as required by
the underlying zoning district, provided that the underlying zoning district shall determine the
permitted and conditional uses of all land in the PUD. A PUD shall be subject to all applicable
requirements of the Town of Troy Subdivision Ordinance (Chapter 135), modified in this Chapter
with reference to hard surface regulations and their augmentation using the incoming transfer of
development rights.
(1) The PUD approval process is required for all categories of commercial-zoned
development applications where:
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Town of Troy Zoning Ordinance, Chapter 170
(a) Variations in lot sizes, dimensional standards, clustering of principal buildings on
one lot, provisions for common open space, or other design considerations,
including, but not limited to, parking, loading docks, signage and landscaping,
not normally allowed in the zoning district and subdivision provisions are
desired.
(b) A commercial or multi-family residential development with a shopping center,
office park, business park, clustered multiple-family dwellings or other unified
development theme is proposed.
(2) Public or private improvements consistentwith current Town standards or plans including
the Town's Comprehensive Plan, Bike Plan, Capital Improvements Plan, and Park Plan,
may be required as a condition of Town approval.
(3) Public or private improvements required by the Town may include and are not limited to
public roads, curbs, gutters, parking areas, sidewalks, bikeways, water lines, sewer lines,
drainage works, streetlights and landscaping.
b) Application Process. A PUD application shall be submitted to the Town on forms provided for this
purpose and with all initially required information and materials.
(1) Preapplication Conference. The purpose of the preapplication conference is to provide
early and meaningful communication between the developer and Town staff regarding
the legal, planning and engineering aspects of the potential development. The
developers shall provide sketches and other pertinent information to the Town for review
and discussion prior to submittal of a general development plan. Sketches shall include
the entire area of a proposed PUD, even if the PUD will be developed in phases.
Preapplication conference review shall look for success in achieving the general purposes
of PUD requirements, adequacy of public and private services and facilities, ability to
conform to all applicable codes and ordinances, utilization of commonly accepted
principles of good site planning, and consistency with the Town's Comprehensive Plan.
Submittal requirements for the general development plan will be reviewed during the
preapplication conference.
(2) General Development Plan. The purpose of the PUD general development plan is to
establish a clear framework in terms of development timing, overall building layout and
site design, land uses, density or intensity of development, traffic circulation/access, off-
street parking, storm drainage, general utility locations, active and passive open space,
location and management of common areas, general landscaping treatment and similar
development components.
The general development plan shall include the entire area of the intended PUD, even if
the PUD will be developed in phases. All subsequent final plans for such area shall be
prepared to be in conformance with the approved general development plan. The general
development plan may be amended using the same procedure as for general
development plan approval.
Submittal requirements for a general development plan shall include the following items:
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Town of Troy Zoning Ordinance, Chapter 170
(a) Identification and Description Information.
I
1. Location of the property by legal description and address.
2. Names and address of owners, applicant, surveyor and designer.
3. Graphic scale, north arrow, date of plan preparation.
4. Proposed name of the project.
5. Names and addresses of all owners of land within five hundred (500) feet of
proposed development.
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(b) Existing Condition Information.
i
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1. Total square feet or acreage of site.
2. Location of present utility systems including private well and septic systems,
sanitary sewers, water mains, storm sewer/drainage, telephone, gas, cable and
electrical supply.
3. Zoning district designation.
4. High-water mark of any adjacent watercourses.
5. Areas of existing wetland, water bodies and vegetation.
6. Railroad and utility rights of way, parks, easements, section
lines and corporate boundaries, if on the lot or an adjacent lot.
7. Preliminary plat or certified survey map.
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8. Location and use of any existing buildings within one hundred (100) feet of the
site boundaries. !
9. Location within the Town.
10. Mapped two (2) foot contour intervals describing existing topography.
11. Center line location, width, rights of way and names of all adjacent existing or
previously platted streets or other public ways.
12. Size of any existing sewer, water main, culverts or other underground facilities
within the site, including site grades, invert elevations and locations of catch
basins, manholes and hydrants.
(c) Site Design Information.
1. Approximate external dimensions of proposed buildings and distances to lot
lines.
2. Proposed layout of streets and roads with right-of-way widths and proposed
street names.
3. Intended use of all proposed structures and number of intended occupants.
4. Driveway locations and widths and projected traffic flows through the site.
5. Areas where existing vegetation will be removed and/or modified during
development.
6. Proposed off-street parking area, allocation and parking lot landscape islands.
7. Proposed loading areas including stacking or storage areas.
8. Preliminary storm drainage system.
9. Surface material being proposed for drives, parking, access and storage areas.
10. Any exterior lighting concept.
11. All proposed landscaping areas and plans.
12. Refuse collection areas and screening.
13. List of all required Federal, State, County and Town permits and status of
applications for each; copies of permits as obtained.
14. Water main and sanitary sewer main location, if applicable.
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Town of Troy Zoning Ordinance, Chapter 170
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15. Proposed parks, pedestrian/bicycle ways or other areas that will be dedicated or
reserved for public use.
16. Locations and widths of alleys, pedestrian-ways and utility easements.
17. Proposed signage.
18. Proposed plat drawing showing detailed information indicating square footage
of allowable building footprint and hard surface in all phases of the
development.
19. Scale. One inch equals ten feet (1" = 10') or one inch equals twenty feet (1" _
i-
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(3) Town Review of General Development Plan k
(a) Upon receipt of all the required submittal items for the general development plan,
and an application for a PUD, the Town Engineer and Building Inspector shall
coordinate with other staff of the Town to review the plan, and formulate
recommendations for the Plan Commission. When the recommendation is ready,
the Town Clerk shall schedule and give notice of public hearing before the Plan
Commission, following the procedure required by Section 170-Section U of this
Chapter.
(b) The Plan Commission shall review the proposed general development plan in
accordance with the review criteria set forth in this Section. It shall also consider the
recommendation of the Town staff and other comments received. The Plan
Commission shall then make its recommendation to the Town Board for approval,
approval with conditions, or denial.
(c) Final action on the general development plans lies with the Town Board.
(d) Approval by the Town Board of a general development plan shall be processed as and
constitute an amendment to this Chapter, establishing an overlay PUD district that
shall be noted on the Official Zoning Map. If the general development plan requires
rezoning for a permitted use or a conditional use permit, Town Board approval of the
general development plan is conditional upon the rezoning or conditional use permit
also being granted.
(4) Final Plan. Following approval of a general development plan, a final plan for the PUD
shall be submitted to the Building Inspector for review. In the case of a single phase PUD,
the applicant may combine the general development plan and final plan stages of the
review process and follow the procedure set forth in this sub-section. The purposeof the
final PUD plan is to finalize the detailed planning, engineering, design, ownership,
management, maintenance and timing aspects of the development. For this reason, the
final plan will be prepared only for those portions of a PUD which will be developed in the
immediate future.
The final plan shall be in conformance with the approved general development plan. If a
proposed final plan differs from the approved general development plan, the applicant
must submit a new general development plan, beginning with a new pre-application
conference.
No building permits shall be issued for construction within the area of PUD until after
development agreement has been completed, the necessary financial guarantees are in
place and without first obtaining Town Board approval of a final plan for that portion of
the PUD. All grading, construction, landscaping and other activities associated with land
development shall be carried out in strict conformance with the approved final plan.
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Town of Troy Zoning Ordinance, Chapter 170
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The list of items required to be submitted with a final plan are as follows:
(a) Actual external dimensions of buildings and distances to lot lines.
(b) Storm drainage system including calculations, sizing, materials and location. j
(c) Landscaping plans, including plant species, fence and retaining wall placement and
specifications.
(d) Water main sizing, fire flows, materials and location.
(e) Sanitary sewer main sizing, materials and location. If a grinder pump or lift station is
proposed, design calculations will be required.
(f) Certified survey map.
Upon receipt of all the required items forthe final plan, the Building Inspector and Town
Engineer shall coordinate their review with other Town staff for the purpose of
reviewing the final plan for compliance with the approved general development plan.
The proposed final plan shall then be brought to the Town Board for final approval and
creation of the PUD overlay district, and development may then commence.
i
C) Review Criteria.
i
(1) General Development Plan. In reviewing the general development plan, the following
criteria shall be considered and determined by the Town.
(a) Conformance with the applicable provisions of the underlying zoning district;
(b) Conformance with the provisions of this Section;
(c) Suitability of the site itself for development as proposed;
(d) Compatibility of the proposed development with adjacent and nearby existing or
planned unit developments in terms of scale, mass, height, bulk, uses, activities,
traffic, design, structure placement, privacy, views and similar concerns;
(e) Conformance with Town development and design standards and policies; i
(f) Availability, both on and off the site, of adequate public or private utilities and
services including water, sanitary sewer, storm sewer or other means of surface i
drainage, streets, sidewalks, traffic control, fire protection and police protection;
(g) Effective mitigation of any potential negative impacts of the proposed development j
either on the site itself or off the site;
(h) Adequate provision for preservation and maintenance of areas set aside for common
ownership;
(i) Consistency with the Town's Comprehensive Plan;
(j) Any exceptions or deviations from the requirements of this and other Chapters of the
Town Code, including but not limited to setbacks height, and density, which must be
justified by the design and amenities incorporated in the development plan.
(k) Land surrounding the proposed development must be planned in coordination with
the proposed development so that there is compatibility of use.
(1) Existing and proposed streets are suitable and adequate to carry anticipated traffic,
especially within a Town Center PUD, and in the vicinity of any proposed PUD.
(m) Existing and proposed sewer, water, storm sewers and holding ponds are adequate
for the proposed PUD.
(n) Each phase of the proposed PUD, as it is completed, must contain the required
parking spaces, landscaping and utility areas necessary for creating and sustaining a
desirable and stable environment.
(o) The proposed PUD and all proposed buildings, parking spaces and landscape and
utility areas can be completely developed within a reasonable time after approval of
the plan, as determined by the Town.
(p) There will be adequate development valuation or direct contribution to support
46
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Town of Troy Zoning Ordinance, Chapter 170
I
necessary public safety services.
(q) Landscaping and architectural detail (signing, lighting, planting species, etc. are in
1 r_
compliance with any Town Center theme as established by the Town Board.
(r) There is demonstrated compliance with the objectives, policies and development of
the Design Review Standards for a Town Center PUD as provided under regulations
and criteria to be adopted from time to time by the Town Board.
I
The Plan Commission, in making its recommendation to the Town Board, shall consider
said criteria as noted above and also take into consideration the recommendations of
Town staff and comments received at its public hearing.
I
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(2) In addition to all other requirements under this Section, the applicant shall provide to the
Town Attorney, not less than ten (10) days before the public hearing of the Plan
Commission on the general development plan, all signed documents as may be required
by the Town Attorney, and including those that will be recorded with the Register of
Deeds, such as a conservation easement or development agreement. Within fifteen (15)
days after the approval of the Final Plan by the Town Board, the Town Attorney shall
record the applicable documents with the Register of Deeds. j
(3) Final Plan. In reviewing a final plan, the Town Board shall consider the following criteria:
(a) Strict conformance of the final plan to the approved general development plan,
particularly in terms of the general layout and design of the PUD; the overall density
of dwelling units and completion of any related transfers of development rights; the
number and type of dwelling units; the major categories of land use; the mix,
magnitude and intensity of nonresidential types of land uses; the parking and traffic
circulation system; and major features of the open space area.
I
(b) All review criteria set forth in Subsection 8.c)(1) of this Section (general development
plan review criteria) and all applicable standards and special requirements under
Subsection 8.d) (Additional Standards and Requirements) below.
I
(4) Recording; Conditions to Run With the Land.
(a) A document shall be recorded by the applicant in the office of the St. Croix County
Register of Deeds within thirty (30) days of PUD final plan approval. Said document
shall identify the property as being part of a PUD that has been approved by the
Town. Applicant shall furnish evidence of such recording to the Town prior to its
issuance of any building permits, any final plan approval for multiple phased projects,
or within fifteen (15) days of final approval for single phased projects.
(b) Conditions attached to a general development plan or final plan shall run with the
land and shall not lapse or be waived as the result of any subsequent change in the
tenancy or ownership of any or all of said lands. Such conditions shall be deemed to
be part of the building permit issued for any use or structure within the PUD.
(5) Fees. Fees for PUD general development plan approval and for PUD final plan approval
shall be established from time to time by the Town Board. Fees are due from the applicant
at the time of plan submittal.
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Town of Troy Zoning Ordinance, Chapter 170
d) Additional Standards and Requirements.
(1) Residential PUD.
(a) The maximum number of dwelling units per acre (project density) within a residential
PUD shall be calculated based upon the requirements of the Town of Troy Subdivision
Ordinance, Chapter 135 of the Town Code.
I
(b) Adequate public and private facilities and services must be available both on and off
the site to support the number of dwelling units being proposed, including but not
limited to streets, parking, traffic control, water, sewer, drainage, fire and police
protection, recreational facilities, and schools.
(c) Residential PUD proposals will be evaluated using the following additional criteria:
1. Appropriateness of the scale and massing of'structures;
2. Presence of varied building elevations and staggered setbacks;
3. Effectiveness of landscaping, screening and buffering within the PUD and along
its perimeter;
4. Overall quality of development design including streetscape, parking lots, open
space, buildings, lighting, signs, and pedestrian pathways;
5. Placement of buildings that demonstrates sensitivity to the natural topographic
features of the site;
6. Retention of unique natural features of the site and incorporation of such
features into the project's overall design;
7. Presence and development of recreation areas that are directly accessible to a
majority of the dwellings and are well designed for their intended purpose.
(2) Lot Area. Lot Width. Setbacks. Lot area, lot width and setback requirements for all PUDs
may vary from the requirement of the underlying zoning district when the developer
demonstrates that the proposed design and layout will meet the intent and requirements
of this Section. Lot area, lot width and setbacks within the PUD shall be designed to be
compatible to existing or planned land uses immediately adjacent to or outside the
development.
(3) Building and Structure Heights. Building and structure heights for any PUD can only
exceed the maximum established by the underlying zoning district when expressly
requested by the applicant and upon approval of such as part of the general development
plan.
(4) Open Acres
(a) Because the PUD concept for development is intended to provide functional open
space and to make more efficient use of land, utilities and other improvements, the
applicable open acres requirements ofthe Town of Troy Subdivision Ordinance based
on the underlying zoning of the land on the effective date of this Chapter shall apply
to the total gross land area in the PUD, excluding hard surface area available before
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Town of Troy Zoning Ordinance, Chapter 170
any transfer of development rights.
(b) Open acres may be held in common, be privately owned, dedicated to the public, or
any combination thereof. Any land dedicated to the public must be officially accepted
by the Town Board before such dedication becomes valid. Land dedicated to the
public shall be considered part of the required open acres for the PUD.
(c) Hard surface areas shall not be included in calculating the minimum required amount
of open acres in a PUD.
(d) When a PUD will be developed in phases, the appropriate proportion of the gross
area of each phase (subject to final implementation plan approval) shall be reserved
for required open space unless this requirement is waived by the Town Board.
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(e) At the time of final plan approval, provision shall be made for the ownership and ~
perpetual care and maintenance of all open acres in the PUD. Areas designated as
open acres shall be permanently preserved as such, using appropriate legal
instruments as approved by the Town Attorney, and put into place at the time of final
plan approval. Covenants or other legal arrangements shall specify ownership of the
acres space, method of maintenance, responsibility for maintenance, maintenance
taxes and insurance, compulsory membership and assessment provisions and
guarantees that assure that the entity formed to own and maintain the common
open acres will not be dissolved without the consent of the Town Board, and any
other requirements deemed reasonably necessary by the Town Board.
(5) Building Spacing and Orientation. The minimum spacing allowed between
buildings shall not be less than required by applicable building codes.
Greater distances may be required after taking into consideration the
need for privacy, light and ventilation, fire and safety, traffic circulation and open space.
(6) Off-Street Parking. Unless modified by the PUD Development Plan, off-street parking
spaces shall be provided as required by Section Q.
(7) Streets. Utilities and Drainage.
i
(a) All publicly dedicated streets, utilities and all drainage facilities shall be designed in
accordance with Town code and policy.
(b) Private streets shall only be allowed if approved in the general development plan.
(8) Circulation/Access.
(a) Vehicular access to individual lots adjoining an arterial street as defined under the
functional street classification system of the Town shall be by way of a frontage road,
service road, or other local street. Local street access to arterial streets shall be
minimized to the maximum possible extent. Lot access to collector streets shall be
minimized to the maximum possible extent.
(b) Each PUD shall be designed to provide at least two (2) separate points of vehicular
ingress and egress unless waived by the Town Board. Principal vehicular access
points shall be designed to encourage smooth traffic flow, with controlled turning
movements and minimum hazard to vehicular and pedestrian traffic.
49
Town of Troy Zoning Ordinance, Chapter 170
(c) Internal streets, drives, sidewalks and parking surface area shall be paved and
provide safe and convenient access to dwelling units and recreational facilities, and
for service and emergency vehicles. Streets shall not be designed to encourage
outside traffic to traverse the PUD on local streets, nor create unnecessary
fragmentation of the PUD into the smaller sub-areas. F
(9) Landscaping, Screening and Buffering.
In order to protect the integrity of a PUD and as deemed necessary to provide protection
to adjacent properties, landscaping, screening and buffering may be required as part of
the general development plan. When required, a screening and landscape plan shall be
submitted to the Town for approval in conjunction with final plan approval for each phase
of a PUD. Landscape plans shall show the location, species of plant material and the size
of all plant materials. Screening plans shall include typical details of fences, berm, and
plant material to be used.
(10) Signs. Unless modified by the PUD Development Plan, all signs shall conform with Section
S.
9. Design Standards for Town Center Planned Unit Developments
In addition to compliance with all other provisions of this Section, a Town Center PUD shall be subject to
the specific requirements of the "Design Standards for a Town Center Development" as established and
adopted from time to time by the Town of Troy.
Chapter 170
Section L
Office Park- Medical Clinic Commercial District (COM-OP/MC)
1. Purpose.
Provide area for larger scale office and medical facilities to support the growing medical community in the
surrounding area, including two excellent, expanding hospitals; provide additional office park opportunities
that could utilize the Town's fiber-optic network. Promote local, well-paying and challenging employment
opportunities that can utilize the Town's fiber-optic network.
2. Permitted Uses.
Multiple occupancy medical clinics and office buildings providing facilities for doctors, clinics, medical
specialties, opticians, laboratories, dentists, law practices, accountants and other professional services.
3. Accessory Uses for Development With or After Permitted Uses.
Pharmacies, medical equipment sales, visions sales, delis and fast food/eat-in providers, office supply and
other retail and service support located within an office park or larger scale medical or office facility.
4. Conditional Uses.
Medical and technical research facilities, including limited clean room assembly operations.
5. General Standards.
See Section K of this Chapter.
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Town of Troy Zoning Ordinance, Chapter 170
Chapter 170
Section M
General Retail and Service Commercial District (COM-GR/S)
1. Purpose.
F
Provide area for typical retail and service providers, including large footprint structures, and smaller
structures and volume retailers. Provide a mixture of local shopping venues for Town residents including E=
access to low cost retailers. Create entry level and other employment opportunities for Town residents.
2. Permitted Uses.
Large footprint grocery, office, home product, clothing and other discount retailers. Single office service
providers including medical providers, and attorneys. Smaller service and retail providers including dry
cleaning, liquor stores, bakeries, post office annex, animal food stores, branch banks, government service,
restaurants, fast food drive thru, bars, multiplex movie theaters, specialty grocery stores, lifestyle centers,
and other similar retail and service businesses. Indoor recreational facilities.
3. Accessory Uses for Development With or After Permitted Uses.
Motels, hotels, indoor garden center or indoor farm supply, mortuary not providing on-site cremation.
4. Conditional Uses.
Churches, nursing homes, day care, new and used vehicle sales, greenhouses, outdoor garden centers or
garden stores, outdoor recreational facilities, outdoor farm feed and supply stores, veterinarian clinics,
mortuaries providing on-site cremation, strip shopping centers, boat and marine sales, temporary seasonal
sales such as Christmas trees.
5. General Standards.
See Section K of this Chapter.
Chapter 170
Section N
Town Center - Commercial District (COM-TC)
1. Purpose.
This District is intended to provide the opportunity to develop a commercial area with a sense of place, or
a "downtown" for Town and area residents. A Town Center is a place where residents can go to get a sense
of being in a community more than in a shopping center. A Town Center is characterized by smaller shops
and open, green space as in old fashioned town squares, shorter street setbacks and more dispersed and
screened parking area. The Town Center should offer a variety of retail, service and recreational
opportunities. Since the layout and appearance of a Town Center will be very different from typical
commercial developments, the PUD process will regulate the Town Center development with emphasis on
achieving a unique, desirable unified outcome.
2. Permitted Uses.
All forms of small shop retail and everyday services. Small office and governmental services, small office
medical, law and other professional services. Restaurants, entertainment, delis, bakeries, single screen
movie theaters, indoor and outdoor recreational venues, outdoor retail and food kiosks, small day care
facilities, B&Bs, small specialty food stores, small grocery and hardware stores.
3. Accessory Uses for Development With or After Permitted Uses.
Other uses typically found on main streets in small town America.
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Town of Troy Zoning Ordinance, Chapter 170
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4. Conditional Uses.
Temporary or seasonal sales or services. I
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5. General Standards.
See Section K of this Chapter.
Chapter 170
Section O
Limited Commercial District (COM-LTD)
1. Purpose.
Provide area for commercial development that can be incompatible with other kinds of commercial
development, is difficult to screen properly or that may otherwise conflict with the required esthetic and
quality standards required of other commercial development. These are uses that provide service to Town
residents and may be allowed in specific areas, while requiring special attention to screening and the
mitigation of adverse effect on nearby properties. j
2. Permitted Uses.
Automobile and truck repair, automobile body shops, contractor's storage yards, farm and home
equipment repair, llandscaping contractors and general warehousing where such use involves the outdoor
storage of vehicles, equipment or material.
3. Accessory Uses for Development With or After Permitted Uses.
Warehouses for commercial and individual use; indoor seasonal boat storage.
I
4. Conditional Uses.
Limited propane or other fuel storage facilities where fuel is held for delivery and sale, retail fuel sales and
delivery facilities.
5. General Standards. j
See Section K of this Chapter.
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Chapter 170 i
Section P
Industrial District (1)
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1. Purpose
The purpose of the Industrial District is to provide for light manufacturing and industrial development in
the Town.
2. Permitted Uses
a) Permitted Uses:
(1) Light industry.
(2) Printing and publishing facilities and related activities.
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Town of Troy Zoning Ordinance, Chapter 170
b) Permitted Accessory Structures
(1) Office, storage, power supply and other such uses as are normally auxiliary to the permitted
use.
(2) Off-street parking, loading and service facilities, auxiliary to the permitted use.
3. Conditional Uses
a) Truck transportation terminals.
b) Experimental testing and research facilities not involving the keeping of animals.
C) An adult oriented or sexually oriented establishment as defined and further regulated under
Chapter 80 of the Town Code.
d) Contractor and outdoor storage, including storage of dumpsters, tractor-trailers.
4. Area, Setback, Height and Density Requirements
a) Minimum Lot Area
Five (5) acres
b) Minimum Setback
(1) Front Yard: 150 feet from right-of-way to building line or 170 feet from paved road
surface, whichever is greater.
(2) Side Yard: 50 feet from property boundary to the building line.
(3) Rear Yard: 50 feet from property boundary to the building line.
C) Maximum Height
50 feet
d) Density
Land in the Industrial District shall meet the density and hard surface requirements in the General
Standards for the Commercial Districts in Section I, and shall be further subject to any applicable
provisions of Chapter 135 of the Town of Troy Subdivision Ordinance, specifically including Sec.
135-6 (design standards), Sec. 135-7 (standards in areas not zoned for exclusive agricultural use),
Sec. 135-8 (standards in areas zoned for exclusive agricultural use) and Sec. 135-9 (standards and
requirements for transfer of development rights). The density requirements for the property as
determined under the Town's Subdivision Ordinance and before it is rezoned to industrial shall be
applied to determine the base density and hard surface requirements for the property.
5. Separation Distances Between Designated Uses and Adult Oriented or Sexually Oriented Establishments
a) Adult oriented or sexually oriented establishments may not be located within the distance set out
below of the uses described below, whether in or outside the territorial limits of the Town:
1. 2,000 feet of a church, chapel, synagogue or regular place of religious worship;
2. 2,000 feet of any school (preschool, elementary, middle or high school, public or private);
3. 2,000 feet of a licensed daycare center;
4. 2,000 feet of any public park;
5. 1,500 feet of any residential, ag-residential or agriculturally-zoned district, or from any single-
family, two-family, or multi-family residential use;
6. 1,000 feet of any premises licensed for any sale or consumption of alcoholic beverages;
7. 1,000 feet of another adult oriented or sexually oriented establishment.
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Town of Troy Zoning Ordinance, Chapter 170
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8. For the purpose of these separations measurement shall be made in a straight line, without i
F:
regard to intervening structures or objects, from the nearest portion of the building or
structure used as a part of the premises where an adult oriented or sexually oriented
establishment is conducted, to the nearest property line or boundary of a property listed
above.
b) An adult oriented or sexually oriented establishment may not be operated in the same building,
structure, or portion thereof as another adult oriented or sexually oriented establishment.
~ k
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Chapter 170
Section Q
Traffic Visibility, Parking and Access
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1. Traffic Visibility
No obstructions, such as structures, parking or vegetation, shall be permitted in any district between the
heights of two and one-half (2-1/2) feet and ten (10) feet above the plane through the mean curb-grades j
within the triangular space formed by any two existing or proposed intersecting street or alley right-of-way
i
lines and a line joining points on such lines located a minimum of twenty (20) feet from their intersection.
In the case of arterial streets intersecting with other arterial streets or railways, the corner cutoff distances
establishing the triangular vision clearance space shall be increased to fifty (50) feet.
2. Loading Space Requirements
a) On every lot in any commercial or industrial district or on which a business, trade, or other use is
hereafter established, sufficient space for the off-street and unloading of vehicles with access to a
public street or other public way shall be provided as indicated below so that public streets and
sidewalks are free and unobstructed to the passage if vehicular and pedestrian traffic:
Gross Floor Area (sq. ft.) Minimum
Of Building Served Loading Space(s)
0 - 2,999 1
3,000- 5,999 2
6,000 -10,000 3, plus one additional space
for each additional 10,000
square feet
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b) Location. Off-street loading spaces shall be located on the same lot with the principal use requiring
such space. No loading space shall be located within thirty (30) feet of the nearest point of
intersection of two (2) streets or require any vehicle to back into a public street.
C) Design Standards. Each off-street loading space shall have a width of at least twelve (12) feet, a
length of at least forty (40) feet, and a vertical clearance of at least fifteen (15) feet. All loading
berths shall be completely screened from residential properties by building walls or a uniformly
painted solid fence, wall or door, or any combination thereof, not less than eight (8) feet in height.
d) Surfacing. All open-street loading berths shall be improved with a compacted gravel base not
less than seven (7) inches thick, surfaced with not less than three (3) inches of asphalt or treated
with some comparable all-weather material providing a hard, durable, dustless surface. Unless i
impractical and waived by the Town Engineer, all such areas shall be graded and drained to a point
or points within the private lot such that no runoff shall exit the property into the public street.
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Town of Troy Zoning Ordinance, Chapter 170
e) Repair and Service. No motor vehicle repair work or service of any kind shall be permitted in
conjunction with any loading facilities that may be provided in any residential district.
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f) Utilization. Space allocated to any off-street loading berth shall not, while so allocated, be used to
satisfy the space requirements for any off-street parking facilities or portions thereof.
3. Parking Requirements
All new parking lots and all alterations of existing lots except for single family residences shall be subject to
review and recommendation from the Plan Commission and approval of the Town Board. Requests for said
parking lots shall be accompanied with a detailed plan on landscaping, parking layout including overflow
parking, drainage provisions and driveway locations. In all districts except for single family residences, there
shall be provided at the time any use or building is proposed, an off-street parking plan for all vehicles in
accordance with the following:
a) Adequate driveway access to a public street shall be provided for each parking space. Driveways
are subject to the requirements for roads and driveways under Chapter 125 of the Town Code of
Ordinances.
b) The size of each parking space shall have a stall width of at least ten (10) feet, a stall length of at
least twenty (20) feet and vertical clearance of at least six and one-half (6-1/2) feet. Aisles
providing access to stalls shall be not less than twenty-four (24) feet wide.
C) The location is to be on the same lot as the principal use or not over four hundred (400) feet from
the principal use. No parking stall or driveway shall be closer than twenty-five (25) feet to a
residential district lot line or a street line opposite a residential district, except in residential
districts.
d) Curbs or barriers shall be installed in parking lots that prevent the parked vehicles from extending
over any adjoining lot line.
e) All open off-street parking areas except for parking spaces accessory to a single-family dwelling
shall be surfaced with a dustless all weather material or other appropriate impermeable surface
material capable of carrying a wheel load of four thousand (4,000) pounds [normally, a three (3)
inch blacktop on a compacted gravel base of not less than seven (7) inches, or five (5) inches of
Portland cement will meet this requirement]. Any off-street parking area under this section for
five (5) or more vehicles shall have the aisles and spaces clearly marked.
f) Irregular or other creative parking layout designs may be required to prevent or minimize the
undesirable appearance of large undifferentiated spaces. No part of a special purpose off-street
parking facility shall extend closer to a street than one-half of the setback that would be required j
for a building on the premises. No part of a special purpose off-street parking facility shall
encroach into setback areas. Screen plantings, decorative fences, walls or combination thereof
shall be provided in setback area to protect and buffer adjacent properties.
g) Number of Required Parking Stalls:
All commercial and industrial use structures shall provide one off street parking stall for every
three persons contained in the maximum allowable occupancy of the structure as calculated
under the applicable building code except that the Town Plan Commission may recommend and
the Town Board may require, fewer or greater numbers of parking stalls than required above
after taking into consideration the availability of public transportation, walkability to the site,
shared parking areas with different peak times of use, the availability of non-parking areas for
temporary use, the need to prevent commercial user parking in residential areas, particularly
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Town of Troy Zoning Ordinance, Chapter 170
where there is night-time use and any other criteria that may impact the desirability of requiring
more or fewer commercial parking stalls.
h) Uses not listed; Exceptions to Design Standards. In the case of structures or uses not mentioned, the
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provision for a use which is similar shall apply as determined by the Town Engineer, subject to review
by the Plan Commission and Town Board. Proposals for exceptions to design standards providing the
required number of parking stalls will be considered by the Plan Commission and Town Board where
parking can be shared due to different hours of use, on the basis of available overflow parking or other
grounds that will protect public convenience and safety.
1) Combinations of any of the above uses shall provide the total of the number of stalls required for each
individual use. Floor space area is gross area in support of the described business or activity.
j) Where a parking area is primarily used at peak times, an applicant may apply to waive specific
requirements of this subsection when a more attractive, environmentally desirable and versatile
parking area is proposed.
4. Off-Street Parking Restrictions in Residential Areas
a) Where Permitted. Unless the district regulations provide otherwise, off-street vehicle parking is
permitted in the following yards of property located in the Traditional Residential District:
(1) A rear yard.
(2) A side yard not adjoining a street
(3) A front yard, but only on one (1) paved or graveled driveway not exceeding twenty-four
(24) feet in width and for not more than three (3) vehicles parked not nearer than five (5)
feet to a front property line or three (3) feet to a side lot line.
b) Regardless of the provisions of Subsection 4a) above, the Town Board may permit off-street vehicle
parking in any yard of a residential development where the overall housing plan and a design for
such development, in the judgment of the Board is substantially improved thereby, as compared
to where off-street parking is limited by Subsection 3 above, and where sole access from such
development is to local and collector streets. In this Subsection, "substantially improved" means
a substantial increase in the value of the property. Such permission shall be granted only after a
conditional use proceeding under this Section V of this Chapter. No such permission shall be
granted for any residential development which is adjacent to either a public right-of-way or other
residences unless sufficient and suitable screening is provided so as to prevent, to as great a degree
as practicable, direct view of such off-street parking areas from such adjacent areas.
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S. Regulations in a Planned Unit Development in a Commercial District.
In addition to general requirements of this section, the regulation of traffic visibility, public or off-street
parking, off-street loading space requirements and access to public rights. of way in a planned unit
development in an area zoned commercial shall be determined and controlled by the review and approval
process as part of a planned unit development under Section K of this Chapter.
6. Handicapped Parking Requirements.
The provisions of Wis. Stats. 101.13, 346.503 and 346.56 and any Wisconsin Administrative Code
sections adopted pursuant thereto are hereby adopted by reference and made applicable to all parking
facilities constructed in the Town.
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Town of Troy Zoning Ordinance, Chapter 170
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Chapter 170
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Section R
Home Occupations
1. Purpose, Intent and Definitions
a) Purpose. The purpose of this Section is to protect residential and agricultural areas from potential
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diminishing propertyvalues and other potential adverse impacts of activities associated with home
occupations while allowing residents of the Town an opportunity to conduct a limited business at
their place of residence. In addition, the purpose of this Section is to create reasonable standards
and requirements that will apply to home occupations conducted in dwelling units and accessory
structures in the Agricultural Residential District, Exclusive Agricultural District and Manufactured
Home District.
b) Intent. The intent of this section is to provide a means to accommodate small family businesses j
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without the necessity for relocation or rezone to a commercial district, when such business is
incidental to the use of the property as a private family residence or farm, is compatible with
residential or agricultural uses in the area, is limited in extent and does not detract from the
residential or agricultural character of the neighborhood. Approval of expansion of a home
occupation at a future time beyond the limitations of this Chapter should not be relied upon or
anticipated; relocation of an expanding business to an area that is appropriately zoned may be
n ecessa ry.
C) Definitions.
(1) A minor home occupation is a home occupation authorized by this section and that does
not require conditional use permit.
(2) A major home occupation is a home occupation that requires a conditional use permit
from the Town under the provisions of Section V.
(3) A major home occupation that was established and operating prior to the effective date
of this Chapter pursuant to a conditional use permit or special exception for the home
occupation from St. Croix County may continue operating under this Ordinance in
conformity with the permit and/or conditions established by St. Croix County. To the
extent inconsistent with regulations under this Chapter, such a major home occupation
shall be treated as a nonconforming use that is separately and additionally subject to and
protected by all terms and conditions of the applicable County conditional use permit or
special exception, where adopted by specific reference thereto in the Town resolution
enacting this Chapter. The holder of such a County-issued conditional use or special
exception permit may also apply for a Town conditional use permit where the use is
otherwise eligible for such a permit under this Chapter.
2. General Requirements
All home occupations are subject to the following conditions:
a) The person principally operating the home occupation shall be a permanent residence of the
location of the home occupation.
b) The use shall be clearly secondary and incidental to the residential use of the premises and
compatible with residential or agricultural uses.
c) There shall be no home occupation-related exterior alterations which change the residential
character of the dwelling unless necessary to meet requirements for accessibility under the
Americans with Disabilities Act (ADA) or any similarly applicable state or federal regulations.
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d) No storage or display of materials, good, supplies or equipment related to the operation of the
home occupation shall be visible outside any structure located on the premises.
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e) No use of the property or use of any equipment or machinery on the property shall create light,
smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other
nuisance not normally associated with the average residential use in. the district beyond the lot
line of the parcel on which the home occupation is located.
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f) No home occupation shall illegally discharge any materials, fluids, gases, or any other substance
into a private septic system, municipal sewer system or in any other manner discharge such items
in violation of any applicable governmental regulation.
g) All home occupations shall be conducted within the principal dwelling unit, an existing attached
garage or other permitted structures.
h) The area set aside for a home occupation shall not exceed twenty-five percent (25%) of the total
finished floor area of the principal dwelling unit.
3. Allowable Home Occupations
a) The following are examples of home occupation uses permitted within the Town of Troy, subject
to compliance with the conditions of this section:
(1) The office or studio of an accountant, architect, attorney, ceramicist, engineer, interior
designer, landscape architect, photographer, dentist, physician, or other licensed medical
practitioner, teacher and practitioners in similar fields of service;
(2) Dressmaking, tailoring, millinery, catering, and telephone or mail services;
(3) Beauty parlors, salons, and barbershops; and
(4) Family day care home services, not to exceed eight children, and provided that the family
day care home is licensed by the Wisconsin Department of Health and Family Services as
a day care center; or adult day care home services not to exceed four persons.
(5) Individual student tutoring.
(6) Whoiesale plant nurseries and Ag Tourism activity.
4. Minor Home Occupations
a) A home occupation shall be considered a minor home occupation that for which no permit or
hearing is required when said home occupation conforms to all of the following standards:
(1) No person other than a resident of the principal dwelling is engaged or employed in a
minor home occupation.
(2) No more than one (1) non-illuminated exterior business sign, limited to two (2) square
feet in size, that complies with all applicable requirements of Section S (Signs) is displayed
outside.
(3) No direct sale of stocks of merchandise, supplies or products takes place on or from the
premises.
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Town of Troy Zoning Ordinance, Chapter 170
b) Minor home occupations may include, but are not limited, to the following:
(1) Dressmaking, sewing and tailoring;
(2) Painting, sculpturing or writing;
(3) Telephone answering or marketing;
(4) Home crafts for sale off-site;
(5) Providing professional services including, but not limited to, an accountant, architect,
attorney or educational tutor for not more than one (1) client at a time.
(6) Home cooking and preserving for sale off-site;
(7) Computer programming, data entry or other data processing services;
(8) Secretarial services.
S. Major Home Occupations
a) A major home occupation is any proposed or existing home occupation that does not meet the
standards for a minor home occupation in Subsection 4, above.
b) A major home occupation may only be authorized as a conditional use, and requires a conditional
use permit under this Section and Section V of this Chapter.
C) To ensure that a major home occupation, once permitted, will not be incompatible with allowed
uses or become a nuisance to the neighbors or otherwise violate these guidelines, the Town may
impose reasonable site-specific conditions necessary to protect the public health, safety and
welfare.
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d) In addition to any specific conditions imposed by the Town, major home occupations shall also
meet all of the following guidelines:
(1) Major home occupations shall be subject to appropriate setback requirements from
public right-of-way, property boundaries and adjoining structures, and shall not be
located within three hundred (300) feet of a pre-existing neighboring residence.
(2) Exterior business signs shall be limited to one non-illuminated sign that conforms to all
other sign regulations provided under Section S of this Chapter.
(3) The home occupation shall limit employees to those persons who are permanent
residents of the permitted premises plus up to four (4) persons who are not permanent
residents of the premises.
(4) Only merchandise directly incidental to the business activity or to the service provided
may be displayed or sold within the dwelling or structure used for a major home
occupation.
(5) No home occupation other than family daycare home services shall be open to the public
at times earlier than 8:00 a.m. or later than 7:00 p.m.
(6) Agricultural Tourism activities may be conducted in outdoor area on the permitted
premises, preferably adjacent to the dwelling unit, existing attached garage or other
existing accessory structure. Permitted activities that are planned for or are expected to
have an attendance of more than 100 people in a 24 hour period are subject to all
requirements of Section E and F of this Chapter. The limitations of employees at
Subsection 5d)(3) above, the storage or display restrictions at Subsection 5d)(4) above,
and the parking limitations at Subsection 5d)(7) below may be modified as appropriate
during the conditional use permit process.
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(7) No premises shall have more than five parking spaces allocated to accommodating
employees, customers or clients of the home occupation.
(8) The home occupation shall not involve the use of commercial vehicles or more than
occasional delivery of materials to or from the premises.
(9) Under no circumstances shall a vehicle repair or auto body work business qualify as a' I
home occupation.
(10) The property use shall remain subject to all other applicable ordinances of the Town of
Troy in effect at time of application for a conditional use permit.
6. General Provisions
a) Conditional use permits for major home occupations are temporary in nature and granted to a
designated person who resides at the location of the home occupation. They are not transferable
from person to person or from address to address.
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b) Applications for a conditional use permit for a major home occupation shall be filed with the Town
Clerk with an application fee. The application shall be forwarded to the Plan Commission for public
hearing as provided under Section V of this Chapter.
C) Inspections. The Building Inspector, Town Engineer or designee shall have the right, upon
reasonable request, to enter and inspect the premises for safety and compliance purposes.
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d) Transfers. Should a home occupation permit holder sell the premises, die or move to a new
location, the existing permit shall be automatically terminated; except that if a permit-holder dies, j
a surviving spouse or adult child residing at the same address and who desires to continue
operation of the home occupation may receive continuation of the permit upon written request,
by action of the Town Board, and without further hearing.
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e) Revocation. Conditional use permits for a major home occupation, once granted, may be revoked
for cause as provided under Section V of this Chapter.
CHAPTER 170
Section S
Signs, Canopies, Awnings and Billboards
1. Findings and Purpose
a) Findings of Fact
1) The Town Board finds that:
(a) Exterior signs have a substantial impact on the character and quality of the
environment.
(b) Signs provide an important medium through which individuals may convey a
variety of messages.
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(c) Signs can create safety hazards that threaten the public health, safety or welfare.
Such a safety threat is particularly great for signs that are structurally
inadequate, or that may confuse or distract drivers or pedestrians, or that may
interfere with official directional or warning signs.
(d) Signs can also threaten the public welfare by creating aesthetic concerns and
detriments to property values. Such aesthetic concerns and detriments to 4
property values are particularly great when an accumulation of signs results in !
visual clutter, or when one or more signs spoil vistas or views, or when one or
more signs add or increase commercialism in noncommercial areas.
(e) The ability to erect signs serving certain functions, such as an address sign or a
sign announcing that the property on which it sits is for sale or for lease, is an
integral part of nearly every property owner's ability to realize the fundamental j
attributes of property ownership. The same cannot be said for signs serving
other functions, such as billboards erected so as to be visible from public rights-
of-way. Such signs are primarily designed to take advantage of an audience
drawn to that location by the public's substantial investment in rights-of-way and
other public property.
(f) Signs serving certain other functions, such as small signs that serve a purely
directional function, are necessary to enable visitors or residents to efficiently
reach their intended destinations. Experience teaches that citizens often plan as
if such signs will be present in those settings, so in the absence of such signs,
frustration and disorientation will result, and time and fuel will be wasted.
(g) With one narrow exception, only static signs (which change, if at all, only on rare
occasions when they are repainted or covered with a new picture) constitute the
customary use of signage in the Town. The only non-static signs that constitute
a customary use of signage in the Town are electronic reader boards (signs that
use electronic means to convey a message and that change the message from
one message to another). Such signs are unique because their accuracy depends
upon their ability to frequently change, and because in their customary use such
signs are less apt to distract drivers or pedestrians to a dangerous degree than
other types of non-static signs.
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(h) No signs that exceed the size or spacing limitations of this Section constitute a
customary use of signage in the Town of Troy. i
(i) The Town's land-use regulations address the regulation of signs in an effort to
foster adequate information and means of expression and to promote the
economic viability of the Town, while protecting it and its citizens from a
proliferation of signs of a type, size, location and character that would adversely
impact upon the aesthetics of the community or threaten health, safety or the
welfare of the community. The appropriate regulation of the physical
characteristics of signs by the Town has a positive impact on the safety and the
appearance of the Town.
(j) The Town in the establishment of Chapter 80 of the Town Code identified its
intent to protect the health, safety, general welfare and morals of the residents
of the Town, to preserve the quality of family life, to preserve the rural and urban
characteristics of its neighborhoods and to prevent adverse and deleterious
effects contributing to the blight and downgrading of neighborhoods. Being
mindful of the effects of adult entertainment upon minors and of the criminal
activity and disruption of public peace associated with such establishments,
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while also giving due consideration to civil rights of persons partaking in such
entertainment, it continues to be the intent of Chapter 80 and this Section to
regulate the advertisement of such establishments of adult entertainment.
b) Purpose
(1) The purpose of this Section is to:
(a) Regulate signage in a manner that does not create an impermissible conflict with
statutory, administrative, or constitutional standards, or impose an undue
financial burden on the Town.
(b) Provide for fair and consistent enforcement of the sign regulations set forth
herein under the zoning authority of the Town.
(c) Improve the visual appearance of the Town while providing for effective means
of communication and orientation, particularly in those settings in which the
need for such communication or orientation is greater, consistent with
constitutional guarantees and the Findings and Purposes set out in this Section.
(d) Maintain, enhance and improve the aesthetic environment of the Town,
including its scenic views and rural character consistent with the Town's
Comprehensive Plan and the purpose of its zoning districts, by preventing visual
clutterthat is harmful to the appearance of the community, protecting vistas and
other scenic views from spoliation, and preventing or reducing commercialism <'I
in noncommercial areas.
(e) Regulate the number, location, size, type, illumination and other physical
characteristics of signs in the Town in order to promote the public health, safety
and welfare.
2. GENERAL PROVISIONS
a) Applicability
(1) The following regulations and standards are applicable to all signs in all zoning districts,
including permanent, temporary, on-premise and off-premise signs, unless otherwise
provided in this Section.
b) Substitution Clause & Sign Content
(1) Subject to the landowner's consent, noncommercial speech of any type may be
substituted for any duly permitted or allowed commercial speech, provided that the sign
structure or mounting device is legal without consideration of message content. Such a
substitution of message may be made without any additional approval or permitting. This
provision prevails over any provision to the contrary in this Chapter. The purpose of this
provision is to prevent any inadvertent preference by the Town for commercial speech
over noncommercial speech, or for any particular noncommercial message over any other
noncommercial message. This provision does not create a right to increase the total
amount of signage on a lot or parcel, nor does it affect the requirement that a sign
structure or mounting device be properly permitted.
(2) All noncommercial speech is considered on-premise signage and is entitled to the
privileges that on-premise signs receive under this section.
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Town of Troy Zoning Ordinance, Chapter 170
(3) No commercial speech is allowed on a sign, other than a message drawing attention to a
business or service legally offered on the premises, except as otherwise expressly allowed
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in this Section.
c) Signs in the Public Right-of-Way
(1) No sign or any sign component shall be erected or temporarily placed within any road,
highway, right-of-way, public easement or upon any public property, except for the
following, all of which may be placed without a permit from the Town:
(a) Public signs erected by or on behalf of a government body for the purpose of
carrying out an official duty or responsibility, including but not limited to posting
legal notices, identifying property, directing or regulating pedestrian orvehicular
movements or pertaining to traffic control or safety.
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(b) Reflective property address signs, maximum size 20 inches wide by 12 inches
high.
(c) Information signs from a public utility regarding its poles, lines, pipes or facilities.
(d) Signs erected by a governmental agency, a public utility company or a contractor
doing authorized or permitted work within the public right-of-way, for the
purpose of ensuring safety.
(2) Unauthorized signs erected ortemporarily placed within any road, highway, right-of-way,
public easement or upon any public property may be removed by the Town in which the
sign is located at the sign owner's expense.
d) Signs Exempt from Regulation
(1) The following signs shall be exempt from regulation under this section:
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(a) Public signs erected by or on behalf of a government body for the purpose of
carrying out an official duty or responsibility, including but not limited to posting
legal notices, identifying public property and indicating a public use. Such signs
in the Lower St. Croix Riverway Overlay District, are subject to additional
regulation in this section and in zoning regulations specifically applicable in that
District.
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(b) Signs that are traffic control devices and are permitted or allowed by the
Wisconsin Manual on Uniform Traffic Control Devices, published by the
Wisconsin Department of Transportation.
(c) Up to three flags or banners on a single lot or parcel containing only non-
commercial speech, the combined area of which is less than 100 square feet in
size. Flags not within this definition are deemed banners and/or freestanding
signs that are subject to permit. For purposes of this paragraph, a "single lot"
includes but is not limited to areas to which a member of a condominium
association, cooperative association, or residential real estate management
association has a separate ownership interest or a right to exclusive possession
or use.
(d) Interior signs located completely within a building and not visible from outside
the building.
(e) Incidental signs.
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Town of Troy Zoning Ordinance, Chapter 170
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(f) Temporary freestanding signs, containing no commercial speech, three square
feet or less in size in farm fields or any lawn.
e) Suspension of Certain Size, Shape, Placement and Content Restrictions during an Election
Campaign Period.
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(1) Subject only to the exceptions in paragraph (5) below, during an election campaign
period, signs containing noncommercial speech may be placed upon residential property
notwithstanding any other restriction in this section of the size, shape, placement or
content of any sign.
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(2) For purposes of this subsection, "election campaign period" means:
(a) In the case of an election for office, the period beginning on the first day for
circulation of nomination papers by candidates, or the first day on which
candidates would circulate nomination papers were papers to be required, and
ending one week after the election.
(b) In the case of a referendum, the period beginning on the day on which the
question to be voted upon is submitted to the electorate and ending on the day
one week after the referendum is held.
(3) If the owner of the property has rented some or all of their propertyto another, the renter
may exercise rights under this subsection in any area of the property that he or she
occupies exclusively, and the owner of residential property may exercise such rights in
any portion of the property not occupied exclusively by a renter.
(4) If another part of this Section, including the substitution clause provisions of subsection
2(b), creates a right to erect or display a particular type of sign, this subsection does not
in any way limit the exercise of that right, whether or not the sign is erected or displayed
during an election campaign period.
(5) Exceptions.
(a) No owner or renter may place any sign that is contrary to a size, shape, or
placement regulation of this Section if:
1) The regulation at issue is necessary to ensure traffic or pedestrian safety, or
2) The sign has an electrical, mechanical or audio auxiliary.
(b) This Section does not affect the Town's authority to enforce any regulation
against a sign that is prohibited from being erected or displayed under Wis. Stats.
§§13.02, 12.035, or 84.30
f) Prohibited Signs
(1) All signs other than those permitted herein shall be prohibited, including but not limited to:
(a) Signs that fail to satisfy one or more of the applicable regulations in this Chapter.
(b) Beacons, except those associated with emergencies and aircraft facilities.
(c) Bench signs.
(d) Bus shelter signs.
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Town of Troy Zoning Ordinance, Chapter 170
(e) Flying signs, such as blimps or kites, designed to be kept aloft by mechanical,
wind, chemical or hot air means that are attached to the property, ground or
other permanent structure.
(f) Inflatable signs that are attached to the property, ground or other permanent
structure, including but not limited to balloons.
(g) Signs and components and elements of faces of signs that move, shimmer, or
contain reflective devices.
(h) Signs which emit any odor, noise or visible matter other than light.
(i) Signs painted directly on a building, fence, tree, stone or similar object, except
those on windows or buildings that are allowed by Sections 4. a) (1) and 4. b) (5).
(j) Pornographic signs.
(k) Projecting signs.
(1) Roof signs.
(m) Signs on utility poles.
(n) Advertising message or sign affixed to any transmission facility.
(o) Vehicle or trailers used as a sign or as the base for a sign, where the primary
purpose of the vehicle or trailer in that location is its use as a sign.
3. STANDARDS
a) Placement Standards
(1) Signs shall not be placed on any property without the property owner's written approval.
(2) Building signs shall be placed below the roof line.
(3) No person shall place a sign which will obstruct or interfere with a driver's or pedestrian's
ability to see a road, highway, traffic sign, signal, railway crossing, crossroad or crosswalk.
No sign or its structural components shall be erected or temporarily placed within the
vision triangle of a road or highway.
(4) Double faced signs shall be placed back-to-back (parallel) with no more than 18 inches
between the faces.
b) Dimensional Standards
(1) Every portion of any sign and all of its structural components and mounting devices must
meet the setbacks for the zoning district in which located or the setbacks in this Section,
whichever is greater.
(2) Signs shall be set back at least 5 feet from any right-of-way.
(3) Signs over 100 square feet shall be at least 500 feet from any preexisting residence or
residential district.
(4) Freestanding sign(s) shall be separated from other structures by a minimum of 10 feet,
measured from edge of roof overhang to sign.
(5) The maximum height of any freestanding sign shall be 20 feet above the average ground
elevation at the site of the sign.
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(6) Sign area or size is measured by the smallest square, rectangle or combination thereof
that encompasses the entire sign, including the writing, representation, emblem or other
display, together with any material or color forming an integral part of the background of
the display or used to differentiate the sign from the backdrop or structure against which
it is placed. It does not include the base, apron, supports, structural members,
framework, poles, roof, embellishments or decorative base when such area meets the
other regulations of this ordinance. r_
(7) The combined area of double-faced signs shall not exceed twice the allowed area of
single-faced signs.
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c) Illumination Standards
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(1) Externally illuminated signs shall have a shielded light source, directed downward.
(2) All illuminated signs shall be designed so as not to direct any light or produce glare onto
adjacent properties or toward navigable waters, and shall not be illuminated by lighting
that is flashing, intermittent or of varying intensity or color.
(3) The Town may specify the hours where a sign may be illuminated and may limit its
brightness while illuminated. The hours of illumination or brightness limitations may be
established at any time, including during the life of the sign.
(4) The lighted portions of any canopy shall be backlit, considered sign area, subject to any
wall sign regulations in the underlying zoning district.
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(5) Signs, sign components and elements of faces of signs shall not flash, move, travel or use
animation of any type or kind.
(6) Unless a sign's only illumination is external and uncolored, the following additional
regulations apply to that sign:
(a) A sign that regularly or automatically ceases illumination for the purpose of
causing the color or intensity to have changed when illumination resumes is
prohibited.
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(b) This Section's prohibitions also include, and are not limited to, any sign face that
includes a video display, LED lights that change in color or intensity, 'digital ink,
and any other method or technology that causes a sign face to present a series
of two or more images or displays, excepting only those electronic reader boards
that meet all of the following standards:
1) The electronic reader board portion of the sign does not exceed sixty
percent of the overall sign area.
2) Messages are displayed on the electronic reader board in one of two
colors: either amber or red.
3) Messages displayed on the electronic reader board are not changed
more than once per hour.
4) Electronic reader boards are equipped with photosensitive equipment
that automatically adjusts the brightness and contrast of the sign in
direct relation to ambient outdoor illumination.
5) Commercial messages displayed on the electronic reader board
promote only those goods or services provided by the business
occupying the site on which the sign is erected.
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Town of Troy Zoning Ordinance, Chapter 170
i.
6) Messages displayed on an electronic reader board sign shall not scroll
or flash.
d) Construction & Maintenance Standards
(1)' All signs, supports, accessories and construction shall meet applicable State of Wisconsin
building codes and the Uniform Sign Code and the Uniform Building Code as published by
the International Conference of Building Officials, to ensure that the signs and their
construction are structurally sound and safe.
(2) Sign display surfaces shall be properly coated or covered, attached and maintained.
(3) Off-premise signs shall contain the sign owner's name, address and phone number in the
lower left corner.
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(4) All signs using electric power shall have a cutoff switch on the outside of the sign and on
the outside of the building or structure to which the sign is attached. j
(5) All signs, supports and accessories shall be maintained in good repair.
(6) When any use of land or buildings is discontinued for a period of 180 consecutive days,
all signs and sign supports relating to that use shall be removed.
(7) Signs that do not carry fully readable messages, are in structural disrepair or damaged
and are left without repair for 60 consecutive days shall be removed.
e) Sign Maintenance & Repair
(1) Signs and their structural components may be maintained or repaired with a land use
permit for sign maintenance and repair, provided there is no enlargement or alteration
to the sign, mounting device(s) or structural components of the sign.
(2) A new permit is not required when the only change is to a sign's message or copy,
provided there is no enlargement or alteration to the sign or structural components of
the sign. This does not relieve the owner of the need to comply with every other
applicable requirement of this Section.
f) Overlay Districts
(1) Signs in an overlay district are allowed subject to the standards and permitting
requirements of the underlying zoning district.
(2) An On-Premise Sign in the St. Croix County's Shoreland Overlay Districts under Sec. 17.30
is subject to the following additional standard:
(3) An On-Premise Sign in the Town's Lower St. Croix Riverway Overlay District is allowed,
subject to one or more of the following additional standards:
(a) A County land use permit is required for all permanent signs.
(b) The sign is approved by State or St. Croix County and is necessary for public
health or safety.
(c) The sign is not visible from the river and is legally allowed or permitted in the
underlying zoning district.
(4) An On-Premise Sign in the St. Croix County's Floodplain Overlay District is allowed subject
to the following additional standards:
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Town of Troy Zoning Ordinance, Chapter 170
(a) A County land use permit for signage is required for all permanent signs.
4. SIGN TYPES
a) Permanent On-Premise Signs
(1) Permanent on-premise signs that are not prohibited are permitted subject to the
standards in this Section and so long as those signs also satisfy all other applicable
regulations including the standards specific to the zoning district in which they are
located.
(2) An On-Premise Sign is allowed on property in the Traditional Residential. Agricultural
Residential, Exclusive Agricultural, Manufactured Homes and Conservancy Zoning
Districts, subject to the following additional standards:
(a) A permit is required.
(b) One sign per lot or parcel.
(c) Maximum area of any such sign shall be six square feet.
(d) Maximum height shall be six feet.
(e) Any such sign shall be a freestanding design.
(f) Any such sign shall not be illuminated.
(3) An On-Premise Sign is allowed on property used for nonresidential uses that are legally
allowed or permitted in the Traditional Residential. Agricultural Residential, Exclusive
Agricultural, Manufactured Homes and Conservancy zoning districts subject to the
following additional standards:
(a) A permit is required.
(b) One sign per road or highway frontage.
(c) Maximum area of any such sign shall be 32 square feet per sign.
(d) Any such sign area shall not exceed 64 square feet in aggregate.
(e) Maximum height shall be six feet in the Traditional Residential, Agricultural
Residential and Manufactured Home zoning districts and 12. feet in the Exclusive
Agricultural and Conservancy zoning districts.
(f) Any such sign shall be a monument design.
(4) An On-Premise Sign is allowed in all Commercial districts and Industrial zoning districts
subject to the following additional standards:
(a) Signage complies with all required commercial district requirements (Section K).
Signs in a Planned Unit Development (PUD) are also subject to the review and
approval process that is part of PUD review under Sections K and M.
(b) One sign per road or highway frontage.
(c) Maximum area of any such sign shall be 80 square feet per sign.
(d) Any such sign area shall not exceed 120 square feet in aggregate.
(e) Maximum height shall be 20 feet.
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Town of Troy Zoning Ordinance, Chapter 170
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(f) Any such sign shall be a freestanding design.
(5) An On-Premise Building Sign on a building used for agricultural, commercial or industrial
purposes is allowed subject to the following additional standards:
(a) A permit is required.
(b) Any number of signs may be installed on a building wall or window.
(c) The total area of all building signs on any face shall not exceed 10 percent of the
area of that building face including wall and window, subject to a maximum f
allowable sign area of 80 square feet per face and 240 square feet in total.
(d) The allowable area of building signs for multi-tenant buildings with individual
entrances from the outside shall be calculated based on the exterior
wall/window area of the space the tenant occupies. Each tenant frontage shall
be considered a separate wall/window.
(e) Auxiliary canopies are allowed building signs, with area based on the surface area
of the canopy (i.e., vertical surface below the roof line).
(f) Location.
1) Building signs may be placed on not more than three walls/windows of
rectangular shaped structures or not more than 50 percent of the major
walls/windows on non-rectangular shaped structures.
2) Signs may be attached flat against or pinned away from a building
wall/window, but shall not extend or protrude more than 18 inches
from the wall/window.
3) Signs may be attached to the facade of a building, but shall not extend
above the roof line.
4) Signs may be on a building canopy, awning or marquee. Such sign will
be considered a building sign on the wall, canopy, marquee or awning
on which it is attached.
5) An Area or Neighborhood Sign on Property used for residential,
commercial or industrial uses is considered an On-Premise Sign if it does
no more than identify that area or neighborhood. Such signs are subject
to the following additional standards:
(i) A permit is required.
(ii) No more than one sign is allowed for every road or highway
entrance to a development.
(iii) The maximum area of any such sign shall be 32 square feet per
sign.
(iv) Any such sign shall be set back at least 10 feet from the right-
of-way, unless incorporated into a Town-approved entrance
design.
(v) The sign shall be a freestanding design.
(vi) The sign shall not be internally lighted.
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Town of Troy Zoning Ordinance, Chapter 170
6) A sign on property on which agricultural products are legally grown and
legally offered for sale is considered an On-Premise Sign if it does no
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more than draw attention to a product legally offered on the premises. i
Such signs are allowed subject to the following additional standards:
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(i) A permit is required.
(ii) One sign per road or highway frontage.
(iii) Maximum area of any such sign shall be 32 square feet per
sign.
(iv) Maximum cumulative sign area per sale location shall be 64
square feet.
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(v) Maximum height shall be 12 feet.
(vi) The sign shall be a freestanding design.
(vii) The sign shall not be illuminated.
(viii) Agricultural products shall be produced on the site or within
the Town.
(ix) Sign(s) for Seasonal Roadside Stands shall be placed only when
products are available.
7) A sign on property on which a Minor or Major Home Occupation within
the meaning of Section R is lawfully taking place is considered an On-
Premises sign if it does no more than draw attention to a product or
service lawfully offered on the premises. Such signs are allowed subject
to the following additional standards:
(i) A permit is required. j
(ii) One sign per home occupation, exterior or interior, visible
from the outside.
(iii) Minor Home Occupation sign maximum area shall be two
square feet.
(iv) Major Home Occupation sign maximum area shall be six
square feet.
(v) Maximum height shall be six feet.
(vi) The sign shall be a freestanding design.
(vii) The sign shall not be illuminated.
8) An On-Premise Directional Sign is allowed in any zoning district subject
to the following additional standards:
(i) A permit is required.
(ii) A maximum of two signs for each place may be displayed. For
purposes of this paragraph, one business, farm or organization
shall constitute only one place.
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Town of Troy Zoning Ordinance, Chapter 170
(iii) Maximum area of any such sign shall be two square feet per
sign at a controlled intersection or on a two-lane road or
highway or four square feet per sign on a multi-lane highway.
(iv) Maximum height shall be six feet for the Traditional
Residential, Agricultural-Residential and Manufactured Home
zoning districts and 12 feet for any other zoning district.
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(v) Any such sign shall be a freestanding design.
(vi) Signs shall be placed outside the right-of-way. In no case shall
any part of the sign or its structural components be located
within the right-of-way.
(vii) To ensure that the sign serves only a directional purpose, it
shall contain only the name of a place and direction arrow to
the place and may not also be used to advertise.
b) Permanent Off-Premise Signs
(1) A permanent Off-Premise Directional Sign is allowed in any zoning district subject to the
following additional standards:
(a) A permit is required for each sign pole or support structure.
(b) There shall be no more than one sign pole or other support structure per each
500 lineal feet of frontage on a road or highway.
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(c) Signs shall be co-located and stacked on a single support structure where
possible.
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(d) A maximum of two signs for each location may be displayed. For purposes of
this paragraph, one business, farm, residence or organization shall constitute
only one place.
(e) Maximum area of any such sign shall be two square feet per sign at a controlled
intersection or on a two-lane road or highway or four square feet per sign on a
multi-lane highway.
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(f) Maximum height shall be 12 feet.
(g) Maximum width of any such sign shall be four feet per sign.
(h) Signs shall be placed outside the right-of-way. No part of the sign or its structural
components may be located within the right-of-way, j
(i) To ensure that the sign serves only a directional purpose, it shall contain only the
name of a place, distance and direction arrow to the place and may not also be
used to advertise.
(j) Any such sign shall be a freestanding design.
(k) Signs on a pole or support structure shall have a similar background and have
white or black text.
(1) All sign designs shall maintain consistency in design standards.
(2) All signs placed off-premise shall have the property owner's permission.
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Town of Troy Zoning Ordinance, Chapter 170
C) Temporary On-Premise Signs j Il
(1) The placement of any sign that exceeds the permitted timeframe requires a permit.
(2) The following temporary signs are permitted to be placed on the lot or parcel to which
they refer, subject to the applicable standards:
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(a) A Temporary On-Premise Sign on a construction site is allowed in any zoning
district, subject to the following additional standards:
1) Maximum of two signs per construction site.
2) Any such sign area shall not exceed 80 square feet in aggregate.
3) Maximum height shall be 12 feet.
4) The sign shall be a freestanding design.
5) The such sign shall be removed within seven days of when construction
is completed. j
(b) ATemporary On-Premise Sign erected on a non-residential development project,
or erected on a residential subdivision development proiect during the time that
the development includes 10 or more dwelling units for sale or lease, is allowed
in any zoning district subject to the following additional standards:
1) One sign per road or highway frontage for each project. j
2) Maximum area of any such sign shall be 64 square feet.
3) Maximum height shall be 12 feet.
4) The sign shall be a freestanding design.
5) The sign shall be at least 200 feet from any pre-existing residence.
6) The sign shall not be installed until construction has started or the
project is approved by the Town.
7) The sign shall be removed when the residential subdivision j
development project is 80 percent completed, sold or leased.
(c) Temporary On-Premise Real Estate sign for the sale, rent or lease of property is
allowed in any zoning district subject to the following additional standards:
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1) One sign per road or highway frontage.
2) For residential property including model homes, the maximum sign
area shall be six square feet and maximum sign height shall be six feet.
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3) For non-residential property, the maximum sign area shall be 32 square
feet and maximum sign height shall be 12 feet.
4) The sign shall be a freestanding design.
5) The sign shall be removed within seven days following the sale or lease
of the property.
(d) ATemporary On-Premise Sign on non-residential Property for which one or more
positions of employment are open is allowed subject to the following additional
standards:
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Town of Troy Zoning Ordinance, Chapter 170
1) One sign per road or highway frontage.
2) Maximum area of any such sign shall be six square feet.
3) Maximum height shall be six feet.
4) The sign shall be removed when all positions of employment on the
property have been filled.
(e) A Temporary On-Premise Sign on property to be used for a special event is
allowed in any zoning district, subject to the following additional standards:
1) One sign per road or highway frontage.
2) Maximum height shall be 12 feet and the maximum sign area shall be
32 square feet.
3) Sign(s) may be displayed for not more than 10 days per event.
4) If a sign is displayed on residential property one banner or one
freestanding sign is allowed for each event.
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5) If a sign is displayed on nonresidential property, any combination of two
banners or freestanding signs, with a total sign area of 64 square feet,
is allowed for each event.
6) Signs shall only be placed before and during such events and removed
within 24 hours after completion of the event.
d) Temporary Off-Premise Signs
(1) A Temporary Off-Premise Directional Sign is allowed in any zoning district, subject to the
following additional standards:
(a) A maximum of three signs for each event or activity may be displayed.
(b) All signs placed off-premise shall have the property owner's permission.
(c) Maximum area of each sign shall be six square feet.
(d) Maximum height shall be six feet.
(e) Signs shall be placed outside of the right-of-way areas.
(f) Signs shall only be placed during the event, up to 48 hours before and 24 hours
after the completion of the event.
(g) Any such sign shall be a freestanding design.
(h) To ensure that the sign serves only a directional purpose, it shall contain only the
name of a place, distance and direction arrow to the place and may not also be
used to advertise.
5. ADMINISTRATION
a) Noncomforming Signs
(1) Nonconforming permanent freestanding signs lawfully existing on the effective date of
this Chapter shall be allowed to continue in use, but shall not be altered (other than to
change the message) relocated, added to, or repaired in excess of 50 percent of the
assessed value of the sign, without being brought into compliance with this Section.
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Town of Troy Zoning Ordinance, Chapter 170
(2) Nonconforming permanent building signs lawfully existing on the effective date of this
Chaptershall be allowed to continue in use and may be repaired, provided the repairdoes
not increase the nonconforming aspect of the sign, and shall not otherwise be altered
(other than to change the message), relocated, added to, or repaired without being
brought into compliance with this Section.
(3) After a nonconforming sign has been removed, it shall not be replaced by another
nonconforming sign.
(4) Nonconforming temporary signs lawfully existing on the effective date of this Chapter
shall be removed no later than three years after said effective date, or by an earlier date
if so required by a regulation in place when the sign was erected. Nonconforming
temporary signs shall not be rebuilt, relocated or altered other than to change the
message.
(5) If a nonconforming permanent sign's use is discontinued for a period of 12 months, the
nonconforming sign shall be removed or brought into compliance with this Section within
60 days of notification from the Town.
(6) If a nonconforming temporary sign's use is discontinued for 60 consecutive days, the
nonconforming sign shall be removed or brought into compliance with this section within
60 days of notification from the Town.
b) Permit Required
(1) A Town permit is required prior to the location, improvement, erection, movement,
construction, reconstruction, enlargement or alteration of any sign, structural component
or mounting device unless otherwise provided by this Section.
C) Permit
(1) A properly completed application for a sign permit shall be made to the Zoning
Administrator upon forms furnished by the Town. The following information shall be
provided; along with the permit application fee, as established from time to time by
resolution of the Town Board, before the application will be considered to be complete.
(a) Applicant contact information.
(b) Property owner contact information.
(c) Property information for the sign location including the site address, legal
description, tax identification number and zoning district.
(d) Project information including a description of the sign plan for the site and total
proposed signage, including all permanent and temporary signage.
(e) A site plan, drawn to scale, to include:
1) Dimensions and area of the lot or parcel.
2) Location of all existing and proposed structures and signs with distances
measured from the lot lines and right-of-way of all abutting roads or
highways.
3) In the Town and County Lower St. Croix Riverway, and the County
Shoreland and Floodplain Overlay Districts, show the location of the
bluffline, OHWM of any abutting navigable waterways, floodplain,
floodway and flood fringe limits, as determined from floodplain zoning
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Town of Troy Zoning Ordinance, Chapter 170
maps used to delineate floodplain areas, and as provided to St. Croix i
County.
4) Location of existing or future access driveways and roads or highways.
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(f) Conceptual drawings of all proposed signs with dimensions.
(g) Information on all lighting and electrical components.
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(h) Method of construction and/or attachment to a building or in the ground shall
be explained in the plans and specifications.
(i) Contact information from whomever with be erecting the sign(s). I
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(j) Copies of all related State or County permits or permit applications.
(k) Calculations for compliance with the Uniform Building Code and the Uniform
Sign Code for construction.
(1) Additional relevant information deemed necessary by the Town to apply all
applicable ordinance requirements and standards, such as photos, cross- section
drawings, specialized engineering plans and landscaping.
(m) If additional information is requested, the application shall not be considered a
completed application and timeframes for
properly processing shall not
commence until the additional information is received.
d) Permit Decision & Appeal Process
(1) A sign permit applicant or permit holder may appeal a Town determination or an order
made under this Section. Appeal procedures are in Section Y, Board of Appeals.
(2) When a permit of any kind is required for a sign, the Zoning Administrator or designee
shall deny, approve with conditions, or approve without conditions such permit, no more
than 45 days from the receipt of a complete application for such a permit, including the
applicable fee.
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(a) If the permit is denied or approved with conditions, the Zoning Administrator or
designee shall prepare a written decision within 10 days of its decision, stating a
reason or reasons for the action and describing the applicant's appeal rights
under Section Y and provide it to the applicant.
(b) When the Board of Appeals receives an appeal from the Zoning Administrator's
denial or approval with conditions of a permit required for a sign, the Board shall
arrive at a decision on such an appeal no more than 90 days from the receipt of
a complete application for such an appeal, including the applicable fee.
(c) If the appeal is denied or approved with conditions, the Board of Appeals shall
prepare a written decision within 15 days of its decision, stating a reason or
reasons for the action and provide it to the applicant.
(3) When the permit application or permit appeal demonstrates that the sign would comply
with all applicable requirements of this Section, the permit application or permit appeal
shall not be denied.
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Town of Troy Zoning Ordinance, Chapter 170
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e) Expiration
(1) Sign maintenance or construction authorized by a permit issued under this Section shall i
commence within one year from the date of approval and be substantially completed or
implemented within two years, after which time the Town permit automatically expires.
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(2) Prior to expiration of a permit, applicants can request extensions of up to six months from
the Zoning Administrator.
(3) The total time granted for extensions shall not exceed one year.
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f) Permit Revocation
(1) Where the terms or conditions on any sign permit is violated, the permit may be
administratively revoked by the Zoning Administrator or designee, which revocation is
subject to the same Decision and Appeal process established under this section as is
available for permit issuance.
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Chapter 170
Section T
Antennas, Mobile Service Facilities and Mobile Service Support Structures
1. Signal Receiving Antennas
a) Purpose. This subsection regulating the placement of signal receiving antennas is adopted to:
(1) Provide uniform regulation of all signal receiving antenna devices.
(2) Protect the public health and safety from injury from antennas that are inadequately
mounted, unduly susceptible to wind pressure, improperly installed and wired, or are
placed on structures insufficiently designed or constructed to safely support the antenna.
(3) Provide for public health and safety by requiring the placement of such antennas in
locations that preserve access to rear property areas by firefighting apparatus and
emergency personnel.
b) Permit Required. No type of signal receiving antenna shall be built, used or located in the Town
until a permit has first been obtained from the Town, except that residential satellite discs with a
diameter of two feet or less, amateur radio antennas and residential UHF and VHF antennas shall
not require a permit.
C) Definitions.
(1) For purposes of this Section, a "signal receiving antenna" is defined as any
apparatus capable of receiving communications from a transmitter or a
transmitter relay. This definition includes all types of signal receiving antennas, including,
without limitation, parabolic antennas, home earth stations, satellite discs, UHF and VHF
television antennas, and AM, FM, ham and short-wave radio antennas, regardless of the
method of mounting.
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Town of Troy Zoning Ordinance, Chapter 170
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d) Application.
(1) Application for a signal receiving antenna permit shall be made in writing to the Town
Clerk. The application requires a processing fee as may be established from time to time
by resolution of the Town Board and a set of mounting plans and specifications including i
a general plan showing the location of the proposed signal receiving antenna with
respect to streets, lot lines and buildings.
(2) The Town Clerk may direct the application to the Town Engineer for review, comment,
and recommendation before it is referred to the Town Board for action.
e) Installation Standards. Permitted signal receiving antennas installed in any zoning district within
the Town shall meet the following requirements:
(1) Setbacks.
(a) The signal receiving antenna and any mounting post shall be located a minimum
of twenty (20) feet from any property line.
(b) Unless expressly allowed because reasonable reception is at issue, signal
receiving antennas are to be located only in the rear yard of any lot. If reasonable
reception of signals is not possible with a rear yard placement due to the physical
characteristics of the lot and area, signal receiving antenna may be placed in the
side yard of the lot. If reasonable reception of signals is not possible by locating
the signal receiving antenna on the rear or side yard of the property, such
antenna may be placed in the front yard or on the roof of structures on the
property. For corner lots, the side yard is the yard that does not face a street.
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(c) If side yard, front yard or roof mounting is requested, the Town separately
determines whether reasonable reception is possible from the rear yard, based
on evidence provided by the person seeking to erect or construct the antenna.
(2) Mounting. Signal receiving antennas attached to the wall or roof of any principal or
accessory structure shall be permitted only after the applicant demonstrates that the
structure is properly constructed to carry all imposed loading and complies with
applicable state and local building code requirements. Engineering calculations may be
required.
.(3) Height.
(a) A ground-mounted signal receiving antenna, including any mounting platform or
structure shall not exceed twenty (20) feet in height measured from the ground
to the highest point of the antenna.
(b) A roof-mounted antenna shall not exceed eight (8) feet in height above the roof
line, measured from the highest point of the existing roof line.
(4) Wind Pressure. Signal receiving antennas shall be permanently mounted in accordance
with the manufacturer's specifications for installation and all applicable regulations of the
Federal Communications Commission (FCC). All such installations shall have minimum
wind velocity design of eighty (80) mph.
(5) Electrical Installations. Electrical installations serving signal receiving antennas, including
grounding, shall meet all applicable requirements of the National Electrical Safety Code,
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Town of Troy Zoning Ordinance, Chapter 170
Wisconsin State Electrical Code and manufacturer instructions. In cases of conflict, the i
stricter requirements shall govern. All cable used to conduct current or signals from the
signal receiving antenna to the receivers shall be installed underground unless installation
site conditions preclude underground. When a signal receiving antenna serves two (2) or
more residences, all interconnecting electrical connections, cables and conduits shall be
buried. The location of all such underground lines, cables and conduits shall be shown on
the application for a permit. All signal receiving antennas shall be grounded against direct
lightning strikes.
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(6) Temporary Placement. No portable or trailer-mounted signal receiving antenna are
allowed, except for temporary installation for on-site testing and demonstration purposes
for periods not exceeding five (5) days. Such trial placement shall comply with all I
provisions of this Section. Any person making such temporary placement shall first give
written notice to the Town Clerk of the date when such placement shall begin and end.
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(7) Advertising. No form of advertising or identification, sign or mural is allowed on any signal
receiving antenna other than the customary manufacturer's identification plates.
(8) Interference with Broadcasting. Signal receiving antennas shall be filtered and/or
shielded so as to prevent the emission or reflection of any electro-magnetic radiation that
would cause any harmful interference with the radio and/or television broadcasting or
reception on adjacent properties. In the event that any interference is caused after
installation, the owner of the signal receiving antenna shall promptly take steps to j
eliminate the harmful interference.
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(9) Compliance with Federal Regulations. The installation and use of every signal receiving
antenna shall be in conformity with the Federal Cable Communications Policy Act of 1984
as amended from time to time and regulations adopted there under.
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(10) Aesthetic Considerations. Signal receiving antennas shall be located and designed to
reasonably reduce visual impact from surrounding properties at street level.
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(11) A signal receiving antenna that exceeds the height limitation standard under this Section
can only be constructed and installed after first obtaining a Conditional Use Permit under
the requirements of Section V of the Town of Troy Zoning Code.
2. Placement, Construction and Modification of Mobile Service Facilities and Mobile Service Support
Structures.
a) Purpose.
(1) Accommodate the communication needs of residents and businesses while protecting
the public health, safety and general welfare.
(2) Facilitate the provision of mobile service facilities, mobile service support structures and
related collocations to the residents and businesses of the Town.
(3) Minimize adverse visual effects of mobile service facilities, mobile service support
structures and related collocations to the residents and businesses of the Town through
balanced siting and design standards.
(4) Avoid potential damage to adjacent properties from the construction and operation of
mobile service facilities, mobile service support structures and related collocations, with
structural and setback requirements.
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Town of Troy Zoning Ordinance, Chapter 170
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(5) Maximize the use of existing and approved structures to accommodate new or additional
mobile service facilities and mobile service support structures through collocations to
reduce the number of separate support structures needed to serve the Town.
(6) Regulate by conditional use permit the siting and construction of new mobile service
support structure and facilities, the substantial modification of an existing support
structure and collocations. j
b) Definitions. For purposes of this section, the following terms have the following meanings:
(1) Antenna. Communications equipment that transmits and receives electromagnetic radio
signals and is used in the provision of mobile services.
(2) Class 1 Collocation. The placement of a new mobile service facility on an existing support
structure, such that the owner of the facility does not need to construct a free standing
support structure for the facility but does need to engage in substantial modification.
(3) Class 2 Collocation. The placement of a new mobile service facility on an existing support
structure such that the owner of the facility does not need to construct a free standing
support structure for the facility, or engage in substantial modification.
(4) Collocation. Class 1 Collocation, Class 2 Collocation, or both.
(5) Distributed Antenna System. A network of spatially separated antenna nodes that is j
connected to a common source via a transport medium and that provides mobile service
within a geographic area or structure.
(6) Equipment Compound. The area surrounding or adjacent to the base of an existing
support structure within which is located mobile service facilities.
(7) Existing Structure. A support structure that exists at the time an application to place
mobile service facilities on it is filed with the Town.
(8) Fall Zone. The area over which a mobile service support structure is designed to collapse.
(9) Mobile Service. As described in 47 USC 153(33).
(10) Mobile Service Facility. The set of equipment and network components, including
antennas, receivers, transmitters, base stations, power supplies, cabling and associated
equipment, necessary to provide mobile service to a discrete geographic area, not
including the underlying support structure.
(11) Mobile Service Provider. A person or entity who provides mobile service.
(12) Mobile Service Support Structure. A free-standing structure designed to support a mobile
service facility.
(13) Search Ring. A shape, drawn on a map, showing the general area within which a mobile
service support structure should be located to meet radio frequency engineering
requirements, taking into account factors including topography and the demographics of
the service area.
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Town of Troy Zoning Ordinance, Chapter 170
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(14) Substantial Modification. The modification of a mobile service support structure,
including the mounting of an antenna on such a structure that does any of the following:
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(a) For structures with an overall height of 200 feet or less, increases the overall height of
the structure by more than 20 feet.
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(b) For structures with an overall height of more than 200 feet, increases the overall height
of the structure by 10% or more.
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(c) Measured at the level of the appurtenance added to the structure as a result of the
modification, increases the width of the support structure by 20 feet or more, unless a i
larger area is necessary for collocation.
(d) Increases the square footage of an existing equipment compound to a total area of
more than 2500 square feet.
(15) Support Structure. An existing or new structure that supports or can support a mobile
service facility, including a mobile service support structures, utility pole, water tower,
building or other structure.
(16) Utility Pole. A structure owned or operated by: an alternative telecommunications
utility, as defined in Wis. Stats. Sec. 196.01(1d); public utility, as defined in Wis. Stats. Sec.
196.01(5); telecommunications utility, as defined in Wis. Stats. Sec. 196.01(10); political
subdivision; or cooperative association organized under Wis. Stats. Chapter 185; and that
is designed specifically for and used to carry lines, cables or wires for telecommunication
service, as defined in Wis. Stats. § 182.017(1g)(cq); video service as defined in Wis. Stats.
§ 66.0420(2)(y); for electricity; or to provide light.
3. Siting and Construction of New Mobile Service Support Structures and Facilities.
a) Application process:
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(1) A conditional use permit from the Town is required for the siting and location of any new
mobile service support structure and facilities built after the effective date of this
Chapter. The siting and construction of any new mobile service support structure and
facility requires a conditional use permit but is subject to the procedure, conditions and
requirements set out in this subsection to the extent inconsistent with any portion of
Section V.
(2) A written conditional use permit application shall be completed by an applicant and
submitted to the Town Clerk. The application shall provide the following information:
(a) The name and business address of the applicant, the property owner and of any
agent or contact individual designated by the applicant.
(b) The location of the proposed or affected support structure, shown by map of
survey. !
(c) The location of the proposed mobile service facility, shown by map of survey.
(d) For an application to substantially modify an existing support structure, a
construction plan describing in detail the proposed modifications to the support
structure, the equipment and network components including antennas,
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Town of Troy Zoning Ordinance, Chapter 170
transmitters, receivers, base stations, power supplies, cabling and related j
equipment associated with the proposed modifications. j
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(e) For an application to construct a new mobile service support structure, a
construction plan that describes in detail the proposed mobile service support
structure, its equipment and network components, including antennas,
transmitters, receivers, base stations, power supplies, cabling and related
equipment that will be placed on, around or near the new mobile service support
structure and within its equipment compound.
(f) For an application to construct a new mobile service support structure, a full and i
reasoned explanation as to why the applicant has chosen the proposed location
and why the applicant has not chosen collocation, including a sworn statement
from the individual with responsibility over placement of the mobile service
support structure, attesting that either collocation within the applicant's search
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ring will not result in the same mobile service functionality, coverage and
capacity, is technically infeasible or is economically burdensome to the mobile
service provider, and providing data and explanation to support the position
taken in the attestation.
(3) The Town Clerk shall provide an application form to an applicant, upon request.
(4) When applicant delivers an application for a permit to engage in an activity described in
this Chapter to the Town Clerk that contains all of the information required under this
section, the application is complete. If the application is not complete when submitted,
the Clerk shall notify the applicant in writing, within 10 days of receiving it, that the
application is not complete, identifying in detail the required information that was not
provided. An applicant may re-submit an application as often as necessary until it is
complete.
(5) Within 90 days of receipt by the Town Clerk of a complete application, the Town shall do
all of the following:
(a) The Plan Commission shall review the application to determine whether it
complies with all applicable aspects of the Town's Building Code and this
Chapter, subject to the more specific aspects of this Section, and advise the Town
Board of its determination.
(b) The Town Board, after receiving the determination of the Plan Commission, shall
make a final decision on whether to approve or disapprove the application.
(c) The Town Clerk shall notify the applicant of the Town's Board's final decision, in
writing.
(d) If the decision is to deny the application, the Town shall provide substantial
evidence supporting the denial in a final, written decision issued by the Town
Board.
(6) The Town and applicant may agree in writing to an extension to the 90 day limit on
processing completed applications received by the Town.
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Town of Troy Zoning Ordinance, Chapter 170
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(7) The Town may deny an application when an applicant refuses to evaluate the feasibility f
of collocation within the applicant's search ring and provide the sworn statement I
required by subsection (3)a)(1)(f).
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(8) An applicant that provides the Town with certification from a structural engineer
establishing that a mobile service support structure or existing structure is designed to
collapse within a smaller area than the setback required by Section M of this Chapter for
other commercial structures shall receive an exception to design standards for a smaller
setback area, consistent with the proposed structure's collapse design, unless the Town
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provides the applicant with substantial evidence indicating that the applicant's j
engineering certification is flawed.
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(9) The fee for a Town conditional use permit for siting and location of new mobile service
support structures and facilities shall be separately and periodically established by
resolution of the Town Board.
4. Class 1 Collocation i
a)
(1) A conditional use permit from the Town is required under this Chapter for a Class 1
Collocation for which application is received after the effective date of this Chapter. A
Class 1 Collocation requires a conditional use permit but is subject to the procedures set
out in this subsection, to the extent inconsistent with any portion of Section V.
(2) The written permit application process follows the same procedures as set forth in
Subsection 3.a) of this Section.
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5. Class 2 Collocation
a)
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(1) A conditional use permit from the Town is required under this Chapter for a Class 2
Collocation for which application is received after the effective date of this Chapter. A
Class 2 Collocation requires a conditional use permit but is subject to the procedures set
out in this subsection, to the extent inconsistent with any portion of Section V.
(2) The written permit application process follows the same procedure as set forth in
Subsection 3.a) of this Section.
6. Design and Performance Standards. These design and performance standards shall apply to the erection,
constructions, placement, modification or replacement of mobile service facilities, mobile service support
structures, Class 1 Collocations and Class 2 Collocations for which a conditional use permit is applied for
after the effective date of this Chapter. In general, all such activities and installations should be designed,
located and situated to be visually unobtrusive, to minimize their impact on neighboring uses and to
conform to the following minimum design and performance standards:
a) Area. The minimum area for an equipment compound shall be three acres, except that the Town
Board may consider a smaller parcel during the conditional use permit process when the basic
requirements of this Section will otherwise be met and where the mobile service facility, mobile j
service support structure, Class 1 Collocation or Class 2 Collocations are designed and situated to
be unobtrusive, with minimal impact on neighboring residents.
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Town of Troy Zoning Ordinance, Chapter 170
b) Setbacks. Mobile service support structures, mobile service facilities, Class 1 Collocations and Class
2 Collocations shall be set back from the nearest property line a distance equal to the height of the
said mobile service support structure, mobile service facility, Class 1 Collocation or Class 2
Collocation, including antennas. An exception to this performance and design standard is available
when the Town is able to conclude, during the permit process, that the structure for which a permit
is being sought is effectively designed to collapse within a smaller area than the setback required.
C) Equipment Compound Screening. The equipment compound shall be adequately screened or
architecturally designed to blend in with the surrounding environment.
d) Fencing. The equipment compound shall be reasonably protected against unauthorized access,
shall be enclosed by chain link fencing at least six feet high and secured by a locked gate. The first
fifteen feet of any mobile service support structure shall be designed to prevent unauthorized
climbing.
e) Landscaping and Screening. The Town may require landscaping and vegetative screening to be
incorporated into the site design for an equipment compound to effectively screen the view at
ground level from adjacent property.
f) Color. All mobile service facilities, mobile service support structures, Class 1 and Class 2
Collocations shall use materials and colors that minimize visibility and blend in with the surrounding
environment.
g) Construction Type and Materials. All mobile service facilities, mobile service support structures,
Class 1 and Class 2 Collocations shall be designed to withstand applicable wind load requirements
and shall be constructed of, or treated with, corrosive resistant material. A regular maintenance
schedule shall be provided as part of the application for a conditional use permit, and such
schedule, if and when approved, shall be a material provision of any such permit granted.
h) Lights. Except as may be required by the FAA, no mobile service facility, mobile service support
structure, Class 1 or Class 2 Collocation shall have attached to it any light, reflector, flasher, daytime
strobe, steady nighttime light or other illuminating device.
i) Signs and Advertising. No signor advertising message shall be affixed to any mobile service facility,
mobile service support structure, Class 1 or Class 2 Collocation shall have attached to it any
antenna, tower or structure. Small identification or safety warning signs or tags which are allowed.
The signs shall be provided in the conditional use permit application.
j) Other Attachments. No mobile service facility, mobile service support structure, Class 1 or Class
2 Collocation shall have constructed thereon or attached to any platform, catwalk, crow's nest, or
like structure except during periods of construction and repair.
k) Height Limitations. The height of newly constructed mobile service support structures is limited
to 200 hundred feet.
1) Obsolete or Unused Mobile Service Facilities, Mobile Service Support Structures and Class 1 and 2
Collocations. All obsolete, damaged, unused, or abandoned mobile service facilities, mobile
service support structures, Class 1 and Class 2 Collocations and equipment compounds shall be
removed within twelve months of the cessation of operations from said facility unless a time
extension is approved by the Town Board. Any such structure not removed in a timely fashion may
be deemed a nuisance pursuant to Wisconsin Statutes. In that event, the Town may act to abate
such nuisance and require the removal of the mobile service facility, mobile service support
structure, Class 1 or Class 2 Collocation or equipment compound at the property owner's and/or
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Town of Troy Zoning Ordinance, Chapter 170
facility operator's expense. In the event the owner or facility operator applies for and receives FCC
permission to cease operations, the owner or operator shall provide the Town with such
application and a copy of the notice of intent to cease operations. The owner or operator shall
then have twelve months from the date of ceasing operations to remove the installation. In the
case of multiple operators sharing the use of a single installation, this provision shall not become
effective until all users cease operations for a period of twelve consecutive months. The
equipment on the ground shall not be removed until the mobile service support structure, mobile
service facility, Class 1 and Class 2 Collocations have first been dismantled. After the installation is
removed, the site shall be restored to its original, or to an improved, state.
M) Building Permits. No person shall place, construct, or modify, repair or replace a mobile service
facility, mobile service support structure, Class 1 Collocation, Class 2 Collocation without having
first obtained a building permit from the Town. All such facilities are subject to site plan review
and inspection by the Town to determine compliance with applicable Uniform Building Code
construction standards as part of the permitting process. No building permit shall be issued by the
Town without the prior approval of a conditional use permit by the Town Board. The Town may
charge a separate building permit fee.
n) Retention of Expert Assistance and Reimbursement by Applicant.
(1) The Town may hire any consultant it determines is necessary to assist in reviewing and
evaluating an application, including the initial construction, modification and any requests for
recertification.
(2) An Applicant shall deposit with the Town funds sufficient to reimburse it for all reasonable
costs of outside evaluation and consultation to the Town, excluding any travel expenses
incurred in the consultant's review of mobile service permits or applications, in connection
with the review of an application including the construction and modification of the site, once
permitted. The initial deposit shall be $7,500.00, payment of which shall accompany the
application. The Town will maintain a separate escrow account for all such funds. If at any
time during the process this escrow account has a balance less than $2,500.00, the applicant
shall immediately, upon notification by the Town, replenish said escrow account so that it has
a balance of at least $5,000.00. Additional escrow funds shall be deposited with the Town
before any further action or consideration is taken on the application. In the event that the
amount held in escrow by the Town is more than the amount of the actual invoicing at the
conclusion of the conditional use permit process, the remaining balance shall be promptly
refunded to the applicant.
(3) The total amount of the funds needed as set forth in subsection (2) above may will with the
scope and complexity of the project.
o) Inspection. The Town, by any designee, shall have access to any equipment compound, mobile
service support structure, mobile service facility, Class 1 or Class 2 Collocation at any time to
inspect and verify its structural integrity. If the Town determines that the facility fails to comply
with the terms of its permit or applicable code and that such failure or other condition is a danger
to persons or property, then notice shall be provided to the owner of the structure, who shall have
thirty days to bring the facility into compliance with the terms of its permit and any applicable
code. Failure to bring the facility into compliance within the said thirty days is cause for Town
removal of facility at the owner's expense.
m) Non-Interference. Mobile service support structures, mobile service facilities, Class 1 or Class 2
Collocations and equipment compounds shall fully comply with Federal Communication
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Town of Troy Zoning Ordinance, Chapter 170
Commission (FCC) and Federal Aviation Administration (FAA) standards and shall not interfere with
public safety or other Town and private telecommunications operations. j
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n) Surety Requirement. A surety requirement of a minimum of $20,000.00 is hereby imposed as a
condition of any conditional use permit issued under this section. The surety requirement shall be
deposited with the Town in cash or as an irrevocable letter of credit, which amount shall be held
in a separate account as a surety against a failure by the permit holder to maintain structural
integrity and for removal of obsolete or unused structures. The amount of the surety requirement
may be increased during the conditional use application process where the Town's consultant
determines that this amount is insufficient and provides its reasoning therefore and an increased
recommended amount.
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Chapter 170
Section U
Nonconforming Uses, Structures and Lots
1. Purpose and Intent.
It is the purpose and intent of this Section to comply with state law protecting nonconforming uses and
structures as the law requires. It is the additional purpose of this Section to clarify how pre-existing uses j
and structures built on non-conforming lots will be treated underthis Chapter asthe Town assumes zoning j
jurisdiction from St. Croix County.
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2. Nonconforming Uses.
a) The continued lawful use of a building, premises, structure or fixture existing on the effective
date of this Chapter or on any later amendment to this Chapter that makes the use non-
conforming may not be prohibited, even though the use does not conform to the provisions of
this Chapter. Nonconforming uses shall not be extended, enlarged or expanded except as
provided for in this Section.
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b) Otherwise legal uses of land in the Town on the effective date of this Chapter shall be treated as
non-conforming uses to the extent that the existing use is not a fully permitted use in the zoning
district in which the use is located on the Town's Official Zoning Map. Landowners with non-
conforming use rights can also seek conditional use permits under this Chapter to more fully
protect their use rights where the use is otherwise eligible for such a permit.
C) Nonconforming uses shall not be extended. The total structural repairs or alterations to a
building, premises, structure or fixture that supports a non-conforming use shall not, during its
life, exceed 50% of the assessed value of the said building, premises, structure or fixture unless
permanently changed to a conforming use.
d) Legal nonconforming uses run with the land. However, if a nonconforming use is discontinued
for a period of twelve months, any future use of the building, premises, structure or fixture shall
conform to this Chapter.
e) The illegal expansion of a nonconforming use invalidates the legal nonconforming use as well as
the illegal expansion.
f) Any use that was authorized by St. Croix County as a conditional use, special exception or variance
on the effective date of this Chapter shall be treated as a nonconforming use that is separately and
additionally subject to and protected by all terms and conditions of the applicable County
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Town of Troy Zoning Ordinance, Chapter 170
't.
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conditional use permit, special exception permit or grant of variance where adopted by specific
reference thereto in the Town resolution enacting this Chapter. The holder of such a conditional
use permit, special exception permit or variance may also apply for a Town conditional use permit
where the use is otherwise eligible for such a permit under this Chapter.
3. Nonconforming Structures.
a) Except as set forth in Subsection 4 (below), the restoration of a damaged or destroyed nonconforming
structure to the size, location and use that it had immediately before such damage or destruction
occurred is permitted in only situations where the damage or destruction is caused by violent wind,
vandalism, fire, flood, snow, mold or infestation. Such a restored nonconforming structure may be
larger than the size it was immediately before it was damaged or destroyed only to the extent
necessary to comply with applicable state or federal regulations.
b) Structures with a footprint in the setback area of lots that otherwise conform to the area or spatial
requirements in effect when the lots was created can be removed, replaced, repaired, maintained,
renovated and remodeled.
4. Nonconforming Lots.
a) Structures located on nonconforming lots where the structure is also nonconforming can be
removed, replaced, repaired, maintained, renovated and remodeled. The structure's footprint
may expand as a result, so long as the expanded footprint encroaches no further into the public
road right of way area, side or rear setbacks, and the resulting structure's appearance will be
neither inconsistent with, nor atypical of, similarly purposed and existing structures in the j
neighborhood, and consistent with any measure of nonconformity of such other structures.
b) Structures with a footprint on the effective date of this Chapter located in the setback area of a
lot and that conformed to the area or spatial requirements in effect when the lot was created
can be removed, replaced, repaired, maintained, renovated and remodeled. The structure's
footprint may expand as a result, so long as the expanded footprint encroaches no further into
the public road right of way area, side or rear setbacks and the resulting structure's appearance
will be neither inconsistent with, nor atypical of, similarly purposed and existing structures in the
neighborhood, and consistent with any measure of nonconformity of such other structures.
C) Certain nonconforming lots in the Town were created so long ago that spatial requirements such
as setbacks are not shown on the plat, certified survey map or otherwise discernable from site-
specific documents of record that created the lot. In this situation, the more restrictive of the
County or Town setback requirements in effect at the time the lot was created shall determine
the spatial requirements that apply to the lot and to the placement of new structures on the lot
after the effective date of this Chapter.
Chapter 170
Section V
Conditional Uses
1. Purpose.
This Chapter is premised upon the division of the Town into zoning districts where the use of land and
buildings, and the location of buildings and structures in relation to the land for that use are mutually
compatible and substantially uniform. However, there are certain uses which, because of their unique
characteristics, cannot be properly classified as unrestricted permitted uses in any district because it is
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Town of Troy Zoning Ordinance, Chapter 170
necessary to take into account the impact of the proposed use upon neighboring land or public facilities,
and the public benefit of locating particular kinds of uses in specified zoning districts. Such uses,
nevertheless, may be necessary or desirable to be allowed in a particular district where not otherwise
permitted when due consideration is first given to location, development and operation of such uses and
their compatibility with permitted uses in a particular zoning district. Such uses are classified as
conditional uses. A conditional use is one where a use of land, lot or building that is not expressly
authorized in this Chapter can be allowed after review, public hearing, recommendation by the Plan
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Commission, specific approval by the Town Board by issuance of a conditional use permit and subject to
such site and neighborhood-specific conditions as are developed during that process.
2. Authority of the Plan Commission and Town Board; Requirements.
a) The Town Board may issue a conditional use permit after review, public hearing,
recommendation of the Plan Commission and approval by Town Board, when such conditional
use and involved structure(s) are found to be compatible with the purpose and intent of this
Chapter and further found to be not incompatible, hazardous, harmful, offensive or otherwise
adverse to the environment or the value of the neighborhood or the community in which the
conditional use will take place. All conditional use permits shall specifically describe the
permitted use and specify the period of time for which the permit is effective and any events,
such as transfer of title to the permitted premises, change in the type of business being
conducted or death of the business operator, that would cause the permit to be terminated by
the Town.
b) Conditional use permit requirements including but not limited to landscaping, architectural
design, type of construction, construction commencement and completion dates, sureties,
lighting, fencing, planting screens, operation control, hours of operation, improved traffic
circulation, deed restrictions, highway access restrictions, increased yard or parking
requirements may be required by the Plan Commission and Town Board where appropriate or
necessary to fulfill the purpose and intent of this Chapter.
C) Compliance with all applicable provisions of this Chapter and all other provisions of the Town
Code of Ordinances including but not limited to lot width and area, yards, height, parking,
loading, traffic, highway access and performance standards shall be required of all permitted
conditional uses.
3. Initiation of Conditional Use Permit Application.
Any person or entity with full ownership rights, a tenant with the owner's consent, or the purchaser under
a signed purchase agreement for the land at issue may file a conditional use permit application.
4. Application for Conditional Use Permit.
a) Conditional use permit application materials shall be prepared and submitted in conformity with
current Town requirements, available in written form from the Town Clerk, describing the
information required and general application deadline requirements.
b) The application shall be accompanied by any required application fee established by the Town
Board, a scaled site plan showing the location, size and shape of the lot(s) involved and of any
proposed structures or planned modification modifications to existing structures, the existing
and proposed use of each structure and lot, and include a written statement from the applicant
with adequate evidence to show how the proposed conditional use shall meet and be consistent
with the standards set forth in this Chapter.
c) A conditional use permit application shall not be deemed to have been validly submitted to the
Town until the complete written application, signed by the applicant(s) and accompanied by all
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Town of Troy Zoning Ordinance, Chapter 170
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applicable required materials, has been personally delivered to the Town Clerk with sufficient
copies of all application materials to be delivered to the Town Attorney, Town Engineer and
owners of land entitled to notice, and until receipt of the application has been acknowledged by f
the Plan Commission at its next regular monthly meeting following delivery of the complete
application materials. The applicant is responsible for providing all such materials inconformity
with all applicable requirements as established from time to time by the Town, and at the
applicant's expense.
d) The Town Board, Town Plan Commission, the Town Attorney or Town Engineer can require such
other information as may be necessary for processing an application and for the enforcement of
this Section, including a site plan showing contours and soil types; highwater mark and
groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling,
grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways,
open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems
and specifics of proposed operations.
e) Application fees shall be paid to the Town of Troy to defray the cost of official notification and
posting of the public hearing. Costs incurred by the Town in obtaining legal, planning,
engineering, publication, and notice requirements, and other technical and professional advice in
connection with review of the application and preparation of conditions to be imposed on such
uses shall be paid by the applicant. When required by the Town a pre-payment deposit or other
required guarantee covering such costs shall accompany the application or be provided during
the application process.
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5. Site Review
In making its recommendation, the Plan Commission shall review and evaluate each application, shall visit
the proposed site and may request assistance from any source which can provide technical assistance.
The Commission shall review and consider the site, existing and proposed structures, architectural plans,
neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation,
slopes, soils, drainage, sewerage and water systems and the proposed operation/use.
6. Notice of Hearing on Application.
Notice of the time, place and purpose of such a hearing shall be given by publication of a Class 2 Notice in
the official Town newspaper. Notice of the time, place and purpose of such public hearing shall also be
sent to the applicant, Plan Commission members, and the owners of record as listed in the office of the
Town Treasurer who own property located in whole or in part within three hundred (300) feet of the
boundaries of the properties affected, with notice to be mailed at least twenty (20) days prior to the date
of the public hearing. The Plan Commission shall provide its report and recommendation to the Town
Board within sixty (60) days after the public hearing, after which the Town Board shall take formal action
on the permit application.
7. Hearing on Application
Requests for conditional use permits shall be first directed to the Plan Commission for its review and
recommendation to the Town Board. After receipt of all required fees, deposits, application, and all related
materials, the Plan Commission shall hold a public hearing on each application for a conditional use at a
time and place set by the Commission. A record of the proceedings shall be preserved.
8. Standards for Conditional Use Permit.
a) Standards. No conditional use permit shall be recommended by the Plan Commission or
approved by the Town Board unless based upon findings that all of the following conditions are
present:
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Town of Troy Zoning Ordinance, Chapter 170
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(1) That the establishment, maintenance or operation of the conditional use will not be
detrimental to or endanger the public health, safety or general welfare.
(2) That the uses, values and enjoyment of other property in the neighborhood for
permitted purposes shall in no foreseeable manner be substantially impaired by the
establishment, maintenance or operation of the conditional use, and that the proposed
use is sufficiently compatible with the current use of adjacent land.
(3) That the establishment of the conditional use will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the
district.
(4) That adequate utilities, access roads, drainage and other necessary site improvements
have been or are being provided.
(5) That adequate measures have been or will be taken to provide ingress and egress
designed to minimize traffic congestion in the public streets.
(6) That the conditional use shall conform to all applicable regulations of the district in
which it is located and all applicable state and county regulations. This may include
compliance with requirements affecting land in the Lower St. Croix Riverway Overlay
District.
(7) That the proposed use does not violate St. Croix County shoreland or flood plain
regulations governing the site.
(8) That adequate measures have been or will be taken to prevent and control water
pollution, including sedimentation, erosion and runoff.
(9) Land in the Traditional Commercial District is eligible for a conditional use permit for
similar commercial uses that are compatible with the uses to which the property is being
put on the effective date of this Chapter.
b) Architectural Treatment. Proposed architectural treatment should be in general harmony with
surrounding uses and the landscape. To this end, the use of certain general types of exterior
construction materials, architectural treatment or landscaping may be required.
C) Application of Standards. When applying standards for conditional uses to any proposed
building construction or addition, the Plan Commission and Town Board shall also apply the
statement of purpose for the zoning district in which the conditional use is being proposed, so
that the proposed building, addition and use proposed for the location does not conflict with or
contradict the purposes and objectives of the zoning district.
d) Additional Considerations. When considering an application for a conditional use permit the
Plan Commission and Town Board shall also evaluate the effect of the proposed use upon:
(1) The maintenance of safe and healthful conditions on the site for which application has
been made and at properties whose owners are to receive notice under this Section.
(2) Existing topographic and drainage features and vegetative cover on the site.
(3) The location of the site with respect to floodplains and floodways of rivers and streams.
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Town of Troy Zoning Ordinance, Chapter 170
(4) The erosion potential of the site based upon degree and direction of slope, soil type and
vegetative cover. i
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(5) The location of the site with respect to existing or future access roads.
(6) The need of the proposed use for a shoreland location.
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(7) The compatibility of the proposed use with uses on adjacent land.
(8) The amount of liquid wastes to be generated and the adequacy of the proposed disposal
systems serving the site.
9. Conditions and Guarantees.
a) Conditions. Prior to making recommendation on any conditional use permit application, the Plan
Commission may consider and recommend conditions and restrictions upon the establishment,
location, construction, maintenance and operation of the conditional use as it deems necessary
or appropriate to promote and protect the public health, safety and general welfare of the
community, and to secure compliance with site-specific requirements and with the standards j
and requirements of this Section. In all cases in which conditional use permits are issued, the
Town Board shall require such evidence and guarantees as it deems necessary as assurance that
the conditions being required will be met on a continuous basis.
10. Validity of Conditional Use Permit.
a) After a conditional use permit has been approved, such permit shall become null and void aftertwelve
(12) months from the date of the approval unless the use is commenced, construction is underway
and the current owner possesses a valid building permit before that time. Forty-five (45) days prior
to the automatic revocation of such permit, the Town Clerk shall notify the holder by certified mail of
the approaching revocation date, though failure to do so shall not stay or invalidate the expiration of
the permit. The Town Board may extend such permit for a period of time for justifiable cause, if
application is made to the Town Board at least thirty (30) days before the expiration of said permit.
b) No alternation or expansion of a use permitted by conditional use permit shall be permitted unless a
new conditional use permit is approved by the Town Board upon recommendation of the Plan
Commission and pursuant to the procedures and standards set out in this Section.
11. Complaints Regarding Conditional Uses.
The Town Board retains continuing jurisdiction over all conditional use permits for the purpose of
resolving complaints made against permit holders. This includes the power to order the removal or
discontinuance of unauthorized alterations to an approved conditional use, and to order the elimination,
removal or discontinuance of any violation of a condition imposed, prior to or after approval, to revoke
the permit or to take action for violation of any other provision of this Chapter. Upon written complaint
specifying alleged conditional use permit violations by any citizen or Town official, the matter shall be
referred to the Plan Commission for review. The Plan Commission shall review the complaint to determine
whether said complaint shows to a reasonable probability that a conditional use is in violation of one or
more of the standards set forth in this Section, a specific condition of approval of the conditional use
permit for the premises or other requirement imposed hereunder. The Plan Commission shall make
findings and provide a recommendation to the Town Board. Thereafter, if the Town Board determines
that the complaint process should proceed, a hearing shall be held by the Town Board upon notice in the
manner set forth in Subsection 6. Any person may appear at such hearing and testify in person or be
represented by an agent or attorney. The Town Board may, in order to bring the holder of the conditional
use permit into compliance with the standards set forth in this Section or conditions previously imposed
by the Town Board, modify existing conditions upon such use and impose additional reasonable conditions
upon the subject conditional use. In the event that no reasonable modification of such conditional use
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can be made or where the Town Board has grounds to believe that continuing conditional use permit I
violations will not be corrected, the Town Board may revoke the conditional use permit and direct the
Town Clerk or Town Attorney to take action to seek elimination of the use. Following any such hearing,
the decision of the Town Board shall be furnished to holder of the revoked conditional use permit in
writing, stating the reasons for the Town Board's action.
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Chapter 170
Section W
Performance Standards
1. Intent.
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The Town of Troy is an agricultural based community with areas of planned and developing commercial and
residential use. It is not the intent of this Chapter to curb or restrict usual and customary agricultural
standard practices. Rather, it is the intent of this Chapter and Town regulations in general to employ
performance standards in the regulation of uses in the Town to facilitate an objective and equitable basis
for land use controls and to ensure that the community is adequately protected from potential hazardous
and nuisance-like effects. These performance standards are designed to limit, restrict and prohibit the
effects of permissible or permitted uses outside the premises or district at issue. No structure, land or water
shall hereafter be used unless in compliance with the following environmental performance standards.
2. Noise.
a) General. No activity in any zoning district shall produce a sound level beyond the lot line of the
parcel or contiguous parcels under single ownership for such length of time as to be a nuisance
that substantially annoys, injures, endangers or otherwise adversely affects the comfort, health,
peace or safety of the public.
b) Exempt Noises. The following noises are exempt from the regulations:
(1) Noises not under the direct control of the property owner.
(2) Noises from temporary construction or maintenance activities during daylight hours.
(3) Noises from emergency, safety or warning devices including emergency pressure relief
values and emergency electric generators.
(4) Chain saws, lawn mowers, and snow blowers in private use (not commercial repair
services).
(5) The sounds of cattle, fowl, horses, or other sounds of reasonably well-cared for
agricultural or domestic animals, and the sound of necessary farming equipment for a
bona fide agricultural operation.
(6) Noises from moving sources such as automobiles and trucks on public right-of-way,
railroad equipment on railroad rights-of-way and railroad spurs on private property,
airplanes and helicopters.
3. Odor
No operation or activity shall emit any substance or combination of substances in such quantities that
create an objectionable odor as defined in applicable provisions of the Wisconsin Administrative Code or
any applicable provisions of the Wisconsin Statutes as amended from time to time.
4. Fire and Explosive Hazards
All activities involving the manufacturing, utilization, processing or storage of any inflammable and
explosive materials shall be provided and equipped with adequate safety devices against the hazard of fire
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and explosion, and with adequate fire-fighting and fire suppression equipment and devices that are
standard in the industry. All materials that range from active to intense burning shall be manufactured,
utilized, processed and stored only in completely enclosed buildings with incombustible exterior walls and
an automatic fire extinguishing system. i
5. Air Pollution
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a) No operation or activity shall emit into the ambient air from any direct or portable source any i
matter that will affect visibility in excess of the limitations established in Wis. Stats. Chapter 285
as amended from time to time.
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b) No activity or operation shall be established or maintained which by reason of its nature causes
emission of any fly ash, dust, fumes, vapors, mists or gases in such quantities as to cause soiling or
danger to the health of persons, animals, vegetation or property as provided under Wis. Stats.
Chapter 285 as amended from time to time. j
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6. Hazardous Pollution
a) Pollutants. No operation or activity shall emit any hazardous substances in such a quantity,
concentration or duration as to be injurious to human health or property, and no emissions of
hazardous substances shall exceed the limitations established in Wis. Stats. Chapter 285 as amended
from time to time.
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b) Liquid or Solid Wastes. No activity shall discharge at any point onto any land or into any water or public
sewer any materials of such nature, quantity, noxiousness, toxicity or temperature as can contaminate,
pollute or harm the quantity or quality of any water supply; can cause the emission of dangerous or
offensive elements; can overload the existing municipal utilities; or can injure or damage persons or
property.
7. Radioactivity and Electrical Disturbances
No activity shall emit radioactivity or cause electrical disturbances beyond the lot line of the parcel or
contiguous parcels under single ownership in which the activity is conducted that are dangerous or that
adversely affect the use of neighboring premises.
8. Refuse
All waste material, debris, refuse or garbage not properly disposed of in a sanitary sewer system shall be
kept in an enclosed building or properly contained in a closed container designed for such purposes. The
owner of vacant land shall be responsible for keeping such land free of refuse.
9. Light Pollution
Street lights are not normally compatible with the rural character of the Town. The Town may limit light or
prohibit output where not necessary for public and private safety and welfare and where not appropriate
for the advertising and conduct of business. Where outside lighting is allowed, the Town may require
shields and other light control devices to prevent nighttime light pollution in any area in which such lighting
is permitted.
Chapter 170
Section X
Changes and Amendments
1. Authority
Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Town
Board may, by ordinance, change the district boundaries established by this Chapter and the Official Zoning
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Map incorporated herein or amend the text of this Chapter. Such change or amendments require the
review and recommendations of the Plan Commission, Town Board enactment and approval by the St. Croix
County Board of Supervisors, as provided by Wisconsin Statutes.
2. Initiation of Changes or Amendments
A change or amendment to the text of this Chapter or to the accompanying Official Zoning Map may be
initiated by the Town Board, Plan Commission, Zoning Board of Appeals, or by a petition of one (1) or more
owners or lessees of property within the area for which zoning is proposed to be changed.
3. Procedure for Changes or Amendments
a) Petition. A petition for any change to the Official Zoning Map or for amendments to the text of
this Chapter shall be addressed to the Town Board and shall be filed with the Town Clerk along
with any required filing fee. It shall describe the premises to be rezoned, or the portions of text to
be amended, list the reasons justifying the petition, specify the proposed use or district change, if
applicable, and if the petition is requesting a change of district boundaries or district type, shall
provide all information required by Section Z of this Chapter and show all property lying within
three hundred (300) feet of the area proposed to be rezoned, with the names and addresses of all
owners of such property.
(1) Additional information may be required by the Plan Commission or Town Board.
b) Recommendations. The Town Clerk, on behalf of the Town Board, shall cause the petition to be
forwarded to the Plan Commission for its consideration and recommendation. The Plan
Commission shall review all proposed amendments to the text of this Chapter and/or the Official
Zoning Map and provide a recommendation that the petition be granted as requested, as modified
or denied, in conformity with the requirements of Section Z. The recommendation shall be
recorded in the Plan Commission's official minutes. In arriving at its recommendation, the
Commission may, of its own volition, conduct a public hearing on proposed amendment(s).
C) Hearings.
(1) Following receipt of recommendation of the Plan Commission, the Town Board shall hold
a public hearing to hear and consider each proposed change or amendment, giving notice
of the time, place and the change or amendment being proposed, by publication of a Class
2 notice, under Chapter 985 of the Wisconsin Statutes. At least ten (10) days' prior to the
public hearing, written notice shall also be given to the clerk of any other municipality
located within one thousand (1,000) feet of any land to be affected by the proposed
change or amendment.
(2) The Town Board may delegate to the Plan Commission the responsibility to hold the
public hearing required under this Subsection.
d) Town Board Action. Following such hearing and after considering the Plan Commission's
recommendations, the Town Board shall vote on the proposed Official Zoning Map change or
Chapter text amendment. Amendments to the text of this Chapter are subject to County Board
approval as provided by Wisconsin Statutes. The Town's administrative application of this Chapter
to specific parcels of land in the Town, as by processing and acting on applications for conditional
use permits, home occupation permits, any other permit required under this Chapter and
variances, does not require County Board approval.
4. Protest
a) In the event of a written protest against a proposed amendment to the text of this Chapter or to
the Official Zoning Map, duly signed and acknowledged by the owners of at least twenty percent
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(20%) of the areas of the land included in such proposed change, by the owners of at least twenty
percent (20%) of the area of the land immediately adjacent extending one hundred (100) feet
therefrom, or by the owners of at least twenty percent (20%) of the land directly opposite thereto
extending one hundred (100) feet from the road frontage of such opposite land, the proposed
changes or amendments shall not become effective except by the favorable vote of three-fourths
(3/4) of the Town Board members present and voting on the proposed change.
Chapter 170
Section Y
Board of Appeals; Variances
1. Board of Appeals.
A Board of Appeals is hereby established. The Board of Appeals shall consist of five members appointed by
the Town Chairperson, subject to confirmation by the Town Board. Members shall serve without
compensation, shall reside within the Town of Troy, and shall be removable by the Town Chairperson for
cause, upon written charges and after public hearing. Two alternate members shall be appointed by the
Town Chairperson. The Board of Appeals shall appoint one of its members as Secretary of the Board, unless
the Town Board shall authorize the employment of a secretary.
2. Rules.
The Board of Appeals has separately adopted adopt Rules for its operation and procedure. At all times such
Rules shall operate in accordance with the provisions of this Chapter, shall regulate procedural and
substantive aspects of Board operations and in that way shall serve to implement, without being part of,
this Chapter and of Chapter 171, which regulates the Lower St. Croix Riverway Rural Residential Overlay
District.
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3. Records.
The Board of Appeals shall keep minutes of its proceeding, showing the vote of each member upon each
question, or, if absent or failing to vote, indicating such fact, in the office of the Board.
4. Appeals.
a) Taking of Appeals. Appeals to the Board of Appeals alleging error in administration of this Chapter
may be taken by any person aggrieved, or by any officer, department, board or committee of the
Town of Troy affected, by a decision of the Town Board in administering said ordinances, and shall
be processed pursuant to the Rules of the Board of Appeals.
b) Stay. An appeal to the Board of Appeals shall stay all legal proceedings in furtherance of the action
being appealed from unless the Town Board or administrative officer whose decision is being
appealed to the Board certifies to the Board after the appeal has been filed and that, by reason of
facts stated in the certificate, a stay would, in the opinion of the Town Board or administrative
officer, cause imminent peril to life or property. In such case, legal proceedings shall not be stayed
except by a restraining order which may be granted by a court of record on application, on notice
to the Town and on due cause shown.
C) Powers of Board of Appeals.
(1) The Board of Appeals shall have the powerto hear and decide appeals where it is alleged
there is an error in any order, requirement, decision or determination made in the
enforcement of this Chapter, and to authorize upon appeal in specific cases such variance
from the requirements of this Chapter as will not be contrary to the public interest and
where, owing to special conditions, a literal enforcement of any provision of this Chapter
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Town of Troy Zoning Ordinance, Chapter 170
would result in practical difficulty or unnecessary hardship, so that the spirit of this
Chapter shall be observed, public safety and welfare secured and substantial justice done.
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S. Variance Standards.
a) A Use Variance allows an exception to be made to the requirement of this Chapter that land be
used only for such activities, purposes and uses as are specifically authorized for the zoning district
in which the land is located and is available only when a property owner will have no reasonable
use of the property without a use variance.
b) An Area Variance is available only when strict compliance with Town regulations governing area,
setbacks, frontage, height, bulk or density will unreasonably prevent an ownerfrom using property
for a permitted purpose or will render conformity with those regulations unnecessarily
burdensome.
6. Variance Procedure
a) Application. A variance application shall be filed with the Town Clerk/Treasurer. Applications may
be made by the owner or authorized agent of the owner of the land affected by the application.
The application shall contain the following information;
(1) Name and address of applicant and all abutting and opposite property owners of record.
(2) Address and legal description of the property.
(3) A to-scale drawing showing the boundaries and location of the property, the location and
dimensions of all buildings and structures, slopes, public and private roads crossing or
contiguous to the property and the location of and distance to the nearest residences in
all directions.
(4) Such additional information as may be required by the Plan Commission, Town Engineer
or Board of Appeals or pursuant to its Rules.
(5) Fee in the amount set by the Town Board.
(6) Applicants shall consult the Rules of the Board before submitting an application and shall
fully comply with the Rules' requirements.
b) Burden of Proof. An applicant seeking a variance has the burden of proof.
(1) To show the level of practical difficulty or unnecessary hardship needed for an area
variance, an applicant must show that compliance with this Chapter's requirement from
which relief is sought either prevents the use of the land for an otherwise permitted
purpose or is unnecessarily burdensome. The unnecessary hardship or practical difficulty
being shown cannot be self-created, must be unique to the property and must be linked
to the physical characteristics of the land for which the variance is sought. The applicant
should be prepared to show. what actions would be necessary to comply with the
ordinance requirement from which relief is being sought.
(2) To show the level of practical difficulty or unnecessary hardship needed fora use variance,
an applicant must show that no reasonable use of the property can be made without the
variance.
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C) Hearings. Board hearings on variance applications shall be conducted in compliance with the Rules
and By-Laws of the Board. Meaningful advance notice of such hearings shall be given at least ten
(10) days before the hearing to all abutting landowners and owners of non-abutting property
located within 300 feet of the perimeter property lines of the parcel that is the subject of the
application, by or under the direction of the Town Clerk/Treasurer.
d) Action of the Board of Appeals. Following the hearing on the application, the Board of Appeals
shall determine whether the applicant has shown unnecessary hardship or practical difficulty after
first reviewing the information provided to it, after examining what the zoning regulation at issue
is intended to accomplish and after considering concerns related to the welfare of the public such
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as safety, especially in the immediate area, property values, especially in the immediate area,
uniformity of appearance and uniformity of treatment.
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e) Findings Required. Before the Board can grant a variance it must evaluate the hardship in light of
the purpose of the zoning restriction at issue and find that:
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(1) The applicant has established specific unnecessary hardship or practical difficulty that will
result in the absence of the granting of the variance being sought, that is unique to the
property involved and that is not self-created.
(2) Granting the variance is necessary, will do substantial justice and secure public safety and
welfare and is consistent with the intent and purpose of the regulations in this Chapter
from which relief is being sought.
(3) Granting the variance will not'enlarge any pre-existing non-conformity with this Chapter.
(4) Granting the variance will not damage the rights or property values of other persons in
the area and will not interfere with or increase the cost of known plans of the Town,
County, State or Federal governments in the area, absent the most unusual, extreme or
compelling circumstances.
(5) A request for a variance to lot density or hard surface requirements shall be evaluated in
the context of the availability of multiple density choices available with density elections,
transfer of development rights and related portions of the Town's subdivision ordinance.
(f) Conditions. The Board of Appeals shall impose such conditions and restrictions upon the premises
receiving a variance as it determines to be necessary for consistency of result with the standards
and requirements herein and with special emphasis on requirements for area variances that will
maintain and protect consistency with the character, appearance and parcel-based proportion of
area-to-structure found in adjacent and neighborhood development and on requiring mitigating
measures such as plant, fence or earth-based screening that will avoid or permanently reduce the
adverse effect of the variance on present and planned adjacent and neighborhood development.
7. Review by Court of Record.
Any person or persons aggrieved by any decision of the Board of Appeals or any taxpayer or any officer,
department, board or bureau of the Town may within 30 days after the filing of the decision in the office of
the Board of Appeals, commence an action seeking certiorari review and related remedies.
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Chapter 170
Section Z
Administration
1. General Administrative System
This Chapter creates the functions of a "Zoning Administrator" to administer and enforce its requirements.
Certain administration and enforcement matters under this Chapter such as the granting of permitted
conditional uses, planned unit development oversight, conditional uses, changes in zoning districts and the
Official Zoning Map, and amending the text of this Chapter also require review by the Plan Commission and
action by the Town Board or Town Board of Appeals.
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2. Zoning Administrator
The Zoning Administrator is the primary administrative officer for the provisions of this Chapter. As used in
this Chapter, "Zoning Administrator" refers to the Town Chair or the Chair's designee. The duty of the Zoning
Administrator shall be to administer, interpret and enforce this Chapter and to issue all permits required by
this Chapter that do not require action by the Town Board or Town Board of Appeals. The Zoning
Administrator shall:
a) Advise applicants for permits as to the provisions of this Chapter and be available to applicants
while preparing applications.
b) Issue any administrative level permits now or later authorized by this Chapter. The function of
processing sign permits is delegated to the Building Inspector.
C) Conduct inspections of buildings, structures, and use of land to determine compliance with the
terms of this Chapter.
d) Maintain and update the permanent and current records of this Code, including but not limited to,
the Official Zoning Map, text amendments to this Chapter, conditional use permits, variances,
appeals and applications, which function is hereby delegated to the Town Clerk.
e) Provide and maintain a public information function relative to all matters arising out of this
Chapter.
f) Receive, file and forward to the Plan Commission all applications for amendments to this Chapter,
which function is hereby delegated to the Town Clerk.
g) Receive, file and forward to the Plan Commission applications for all conditional use permits, which
function is hereby delegated to the Town Clerk.
h) Receive, file and forward to the Board of Appeals all applications for appeals, variances, or other
matters on which the Board of Appeals is required to act under this Chapter, and attend all Board
of Appeals meetings to provide technical assistance which function is hereby delegated to the
Town Clerk, the Building Inspector and the Town Engineer.
i) Initiate, direct and review from time to time a study of the provisions of this Chapter, and make
recommendations to the Plan Commission not less than once a year.
j) Make on-site investigations related to the enforcement of this Chapter and related to the
enforcement of this Chapter and any related ordinances of the Town and have access to any
structure or premises for this purpose, or in reviewing permit applications, exercised at a
reasonable hour and after a twenty-four hour notice.
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Town of Troy Zoning Ordinance, Chapter 170
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k) Coordinate duties and responsibilities with the Building Inspector to ensure consistent and fair
application of this Chapter and avoid unnecessary duplication of the specific requirements in the j
administration of this Chapter and the Town's Subdivision, Building and other ordinances.
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1) Coordinate with the Town Attorney regarding enforcement of this Chapter and related legal
issues.
3. Role of Specific Town Officials in Zoning Administration.
a) The Town Chair, when acting as Zoning Administrator, has the authority to delegate administrative
functions under this Chapter on a specific or continuing basis to any of the following: Town Staff
(elected, appointed or employee), the Building Inspector and the Town Engineer.
b) Plan Commission. The Plan Commission makes reports and recommendations relating to the plan
and development of the Town to the Town Board, other public officials and other interested
organizations and citizens. In general, the Plan Commission has such powers as are necessary to
enable it to perform its functions, promote municipal planning and as set out in Chapter 21 of the
Town Code. One of its functions is to make recommendations to the Town Board. The Commission
may, in arriving at its recommendation, on occasion and of its own volition, conduct its own public
hearing.
C) Town Board. The Town Board has ultimate authority to make changes and amendments to the
boundaries of zoning districts, and to amend the text of this Chapter, subject to County Board
approval as provided by Wisconsin Statutes. The Board may delegate to the Plan Commission the
responsibility to hold some or all public hearings as required under this Chapter.
d) Zoning Board of Appeals. A Zoning Board of Appeals has been established to provide an appeal
procedure for persons who deem themselves aggrieved by decisions of administrative officers in
enforcement of this Chapter. See Section Y.
4. Zoning Review for One and Two Family Residential Uses
a) No building permit for a new structure, new use of land, water or air, or change in the use of land,
water or air for one or two family residential use shall hereafter be issued and no structure or part
thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted,
or structurally altered unless the application for such permit has been reviewed by the Zoning
Administrator or designee and it has been verified that the proposed use of land, buildings or
structures and any future proposed buildings or structures comply with all applicable provisions of
this Chapter and other applicable portions of the Town Code.
b) A building permit issued in conflict with the provisions of this Chapter is null and void.
5. Zoning Review for Uses Other Than One and Two Family Residential Uses
a) Zoning, Use and Site Plan Approval. Applications for re-zoning and development for uses other
than a one or two family residence require a site plan, development plan, review and approval by
the Plan Commission and the Town Board, in accordance with all applicable requirements of this
Chapter and of the Code of the Town of Troy.
b) Rezoning. Applications and all required fees shall be directed to the Zoning Administrator or
designee and shall include the following information:
(1) Names and addresses of the applicant, owner of the site and architect, professional
engineer and contractor involved.
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(2) Description of the subject site by recorded subdivision lot or by metes and bounds;
address of the subject site; type of structure; existing and proposed operation or use of
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the structure or site; the present zoning district within which the subject site lies, and
explanation of howthe proposed rezoning and development is consistent with the Town's
Comprehensive Plan.
(3) Plat of survey prepared by a land surveyor registered in the State of Wisconsin or other
map drawn to scale and showing such of the following as may be required by the Zoning
Administrator: the location, boundaries, dimensions, uses, and size of the subject site;
existing and proposed structures; existing and proposed easements, streets and other
utilities; the area of all existing and proposed hard surfaces such as off-street parking,
loading areas and driveways, drainage plans and waterways and existing and proposed
side and rear yards.
(4) Additional information as may be required by the Zoning Administrator, Plan Commission,
Town Engineer or other Sections of this Chapter.
(5) In addition an applicant shall submit a site plan and sufficient plans and specifications of
proposed buildings, machinery and operations to enable the Plan Commission, Town
Board or expert consultants retained by the Town to determine whether the proposed
application meets all the requirements applicable thereto.
C) Adding Contiguous Land to the LECR Overlay District.
(1) To amend the Official Zoning Map to add to the LECR Overlay District land fully contiguous
to land in the LECR Overlay District an applicant must provide the written request of all
land owners and the legal description of the land at issue. The Zoning Administrator, Plan
Commission or Town Board may request additional information needed to process the
req u est.
d) Administration.
(1) The Zoning Administrator shall make a preliminary review of rezoning applications and
development plans before referring them, with a report of initial findings on
completeness, to the Plan Commission within thirty (30) days of receipt of a completed
application. The Plan Commission shall then review the application and plans and refer
it to any expert consultants selected by the Zoning Administrator and/or Town Engineer
to advise whetherthe application and plans meet all applicable requirements of the Town
Code. Within sixty (60) days of its receipt of the completed application, the Plan
Commission shall provide its report and recommendation to the Town Board as to
whether the proposed rezoning and related development proposal should proceed. This
deadline may be extended by agreement of the Plan Commission and property owner of
the land in the rezoning and development plan.
(2) Upon receipt of the report and recommendation from the Plan Commission, the Town
Board shall review the application to determine if such rezoning application and
development plans meet all of the requirements of this Chapter and the other applicable
provisions of the ordinances of the Town of Troy. Within forty-five (45) days of its receipt
of the report and recommendation from the Plan Commission, the Town Board shall act
on the application, following the notice and hearing requirements in Section X of this
Chapter.
e) Requirements. In acting on any rezoning application and development plan, the Town Board may
address the following issues during its decision.
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Town of Troy Zoning Ordinance, Chapter 170
(1) The appropriateness of the site plan and buildings in relation to the physical character of the
site and the usage of adjoining land areas.
(2) The layout of the site with regard to entrances and exists to public streets; the arrangement
and improvement of interior roadways; the location, adequacy and improvement of areas
for parking and loading and unloading, whether the traffic pattern generated by the
proposed rezoning and proposed development will be developed in a manner consistent
with the safety of residents and the community, and to minimize any traffic hazard created
thereby.
(3) The adequacy of the proposed water supply, drainage facilities and sanitary and waste
disposal.
(4) The landscaping and appearance of the completed site, whether those portions of all front,
rear and side yards not used for off-street parking will be attractively planted with trees,
shrubs, plants, or grass lawns and whether the site be effectively screened so as not to
impair the value of adjacent properties not impair the intent or purposes of this Chapter.
f) Effect on Municipal Services. During a decision on rezoning and proposed development the Town
Board may secure such advice as may be deemed necessary from the Town Engineer, other
municipal officials or consultants, with special attention to the effect of the proposal upon existing
municipal services and utilities. Where additional or upgraded municipal facilities will be needed,
the Town Board shall agree with the applicant regarding financial responsibility and payment for
the development and construction of such facilities prior to taking action on a rezoning request.
6. Certification of Occupancy
No lot or parcel now vacant shall be used for residential purposes, and no buildings or other structure shall
be occupied or used for residential, commercial or industrial purposes until a certificate of occupancy has
first been obtained by the owner from the Zoning Administrator. When the Zoning Administrator is
presented with information to establish, and separately concludes, that the proposed land use and
occupancy will comply in every respect with all applicable ordinances of the Town and of St. Croix County
and with all laws and orders of the State of Wisconsin, he/she shall issue a certificate of occupancy
therefore, within ten (10) days after application is approved.
7. Violations and Penalties
a) Violations. It shall be unlawful to use or improve any structure or land, or to use water or air in
violation of any provision or requirement of this Chapter or any portion of the Town Code.
Landowners, occupants and the agents of both are responsible for compliance with all provisions
of this Chapter that bear upon their area of competence and responsibility. In case of any
violation, the Town Board, Plan Commission, the Zoning Administrator or any property owner who
would be specifically damaged by such violation may cause appropriate action or proceeding to be
instituted to enjoin a violation of this Code or cause a structure to be vacated or removed.
b) Remedial Action. Whenever an order of the Zoning Administrator has not been complied with
within thirty (30) days after written notice has been mailed to the owner, resident agent or
occupant of the premises, the Town Board, the Zoning Administrator or the Town Attorney may
institute appropriate legal action or proceedings.
C) Penalties. Any person or entity who fails to comply with the provisions of this Code or any order
of the Zoning Administrator issued in accordance with this Code or resists enforcement shall, upon
conviction thereof, be likewise subject to a forfeiture and such additional penalties as provided for
under Chapter 39 of the Town of Troy Code of Ordinances. Each day a violation exists or continues
shall constitute a separate offense.
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8. Fee Schedule
Application, review and related fees shall be established by separate resolution enacted from time to time
by the Town Board for, but not limited to, the following categories of activities, functions and permits:
Board of Appeals Variance - First request
Board of Appeals Variance - Second request
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Certified Survey Map I
Certified Survey Map-Amended / Revised
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Concept Plan
Conditional Use Permit
Condo Development
Final Plat
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Final Plat -Amended/ Revised
Mobile Service Facility, Support Structure and Collection Permit
Planned Unit Development (PUD)
Preliminary Plat
Preliminary Plat-Amended / revised
Sign Permit
Swimming Pool permit
Unlisted Use
Zoning Amendments
Manufactured Home Community Operator
Manufactured Home Community Operator transfer fee
Manufactured Home Community Application fee
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'Dan #wson, Chair
3e~i~ixGMer4c, Ci~k~(t -
Town of Troy
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` Deer Tmrn Bm* end Plan tt*~~ M*MO
5t. Cook "rAy nwaiity Da"ow- wt depart I , mw* d)mr Woff Zbnrng O
,your W *r da@ri ]wne 13, 2014. Tho C+~~unity Devebo"nt Depwbrneot appreciates the qpporkm*y o; I
review "id offer gaWance to h"eyp ensure the tranWn to Tovim level zoning go, as smog as posslM M
comr*M and ackrcmille t}e your hardl root-b-c&N. M appriicWR VW cfwvj" thf waa bade to
mW, Mwed *AIOu I* Ow QPWm. As p+wei6l our De;p*WMw k M,ee me oii}eeacme to, ~
recommencing approve' of yQw 4m* criinrance* *"-17, 2 CommLm*y t evOoprntmt Cote k
ll'lfilfi_~Il'Sfl~.
your acknowiedgetnerit'that Me County's more restrictive requirement willalvways be applied in Land
pabiic proeecs. ,
pi*sion silttations. Our intent for the r"ooked change was to creake a more str(ban*W
#,1" r c, 0" i"M arrNd : corir*q r!eetxt~g ie, a pmokoe woe aired posit i va public re4ertion*#.
Wt h fautnd the °cor gwc6s r" IFoi area" friWecr e-s-4eQ4M to emorsure ac a" lot arm to
acownumliake N%e rwal lrtrAres, *W, **W, rlwpait /rapyx,a it arm rari wao , a *WAW
oK idiMrigs. . hope u _W oe steer an 3rr @lomant tD atr~ this prorcos aid.
y'o .
witi1-tll ii°► I rof° our d ne e. - - -
I?k itA ti'or language aided to Jh* ExCulske + togwal disikict clo ies t tower's inbnt that me
dot 5 I ~e rat ! "*OF"rrrr ata~ft (00 ON 08_ 9" ~s Ch. 910 16 to i06 .
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