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Guide to Community Planning in Wisconsin by Brian W. Ohm | Chapter 6: Zoning |
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3.2 Floating Zones
In content, a floating zone is the same as a conventional zone. It describes the permitted uses, setback requirements, and other standards to be applied in the district. Unlike conventional zoning districts, however, the floating zone is not designated on the zoning map. Once enacted into law it "floats" over the community until, upon approval of an application, it is "brought down to earth" to be affixed to a particular parcel through an amendment to the zoning map.
The floating zone is particularly useful in situations where a community wishes to permit a limited number of specific uses (large shopping centers, for example) but does not wish to map their locations in advance. It also allows for locating use types which cannot be anticipated but which the plan would like to provide for. For instance, a community may have a anti-industry policy and no industrial zone in its local ordinance. It may, however, be amenable to a high technology, low-impact industry under certain conditions. The floating zone allows this kind of control and flexibility.
The legal status of floating zones tends to be based not on the concept as such, but on the conditions under which floating zones can be used by developers. Because they are often used to permit more intensive development of a site in a less intensive, conventionally zoned area (for example, multi-family housing in a area zoned single family), the granting of a floating zone permit may be challenged as a spot zoning. Floating zone conditions specified in the text of the ordinance should therefore address the public interest and set forth standards to insure conformance with good land use planning.
The procedure for legislative approval of floating zones is similar to that of conventional rezonings. The major distinction is in the determination of the appropriateness in the change in use classifications. With a floating zone application, the question is not whether the existing zoning is reasonable, but whether the conditions specified for granting the rezoning have been met. This is determined through a site plan review process similar to that for PUDs. The floating zone permit should be denied if the developer fails to show that the specified conditions would be met.
The text of the zoning ordinance should establish clear standards for floating zone approval. This protects the legislative body from challenges of invalid spot zoning and, to some degree, reassures landowners who may feel that floating zones take away the "protection" afforded them by traditional zoning districts.
Standards can also aid in refuting claims that floating zones violate comprehensive planning requirements. Such claims cannot be substantiated where the ordinance describes the purpose and criteria for establishing floating zones, explicitly identifying the types of permitted development and listing the conditions placed on that development.