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Guide to Community Planning in Wisconsin by Brian W. Ohm | Chapter 2: Types of Plans & Overview of Implementation Tools |
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2.5.1 General Zoning
A zoning ordinance creates different use zones or districts within a community. Each district has a list of permitted uses, which are uses that are desirable in a district. Each district may also contain a list of special uses, sometimes called special exceptions or conditional uses, which are allowed under certain circumstances, and require review by a local body in to be allowed. All other uses are prohibited.
Zoning regulations are adopted by local ordinance and consist of two elements--the map and the text. The zoning map displays where the zoning district boundaries are, and the text describes what can be done in each type of district.
The districts are based on different categories of uses. Within each category, there are often several levels of intensity of the use allowed. For instance, a residential one (R1) district might allow only single-family detached units, while residential two (R2) might allow both single-family and multi-family units. Typical zoning districts may include land zoned for residential use, commercial use, industrial use, government and institutional use, recreational use, conservancy, and agricultural uses.
Zoning has flexibility and adjustment devices that allow land use rules to be customized or varied for special problems or unique circumstances.
Cities and villages in Wisconsin have general zoning powers.
(66) Counties are granted general zoning powers within the unincorporated areas (towns) of the county.(67) However, a general county zoning ordinance becomes effective only in those towns that approve the county ordinance. In counties that do not have a general county zoning ordinance, the town board may petition the county board to adopt a county ordinance. If the county board does not adopt a general county zoning ordinance, the town may adopt a general zoning ordinance.(68) (However, this authority is seldom used.) Towns in counties with a general zoning which have not adopted the county zoning ordinance may adopt village powers and use the city zoning enabling authority, subject to county board approval.___________________________
(66) Wis. Stat. § 62.23 for cities. Wis. Stat. § 61.35 for villages.
(67) Wis. Stat. § 69.69.
(68) Wis. Stat. § 61.35. This authority is seldom used. Alternatively, towns in counties without general zoning
may adopt village powers and use the city zoning enabling authority.