§ 9.2. Regulatory Land Use Management Tools

Regulatory tools stem from local government's responsibility and authority to protect public health, safety, and welfare. Most regulatory tools are in the form of ordinances. The following regulatory tools were reviewed and discussed as part of the City of Greenwood comprehensive plan process:

Zoning

Under Wisconsin Statutes, counties, cities, villages, and towns with village powers are authorized to adopt zoning ordinances. Zoning is one method of implementing or carrying out the comprehensive plan. Zoning regulates the use of land, lot size, density, and the height and size of structures. A conventional zoning ordinance is probably the most commonly used land use implementation tool especially in villages and cities. Under conventional zoning, districts (defined areas of consistent use and density) are established which typically follow parcel boundaries and legal descriptions. Each district or zoning category contains a list of permitted and conditional uses which define "rights" within the district.

Although zoning is very common, some people believe zoning is inequitable in that some landowners win while others loose. In an effort to address this concern, more sophisticated zoning techniques have been developed. Some of these techniques are summarized below.

1. Performance Zoning: Performance zoning is a method that permits controlled development while also being sensitive to the landscape. It tries to regulate the impacts of land uses, rather than the uses themselves, by outlining general goals for developers that they can meet in different ways. Landowners are permitted a wide variety of uses, so long as they meet certain numeric standards such as a certain density, a certain amount of open space, or certain noise, smell or lighting standards.

2. Overlay Zoning: Overlay zones allow special regulations within all or a portion of a zoning district or several districts. This type of zoning can be helpful if there is one particular resource that needs to be protected a consistent way, regardless of what district it is located in. In Clark County, shoreland zoning regulations are an example of overlay zoning.

3. Extraterritorial Zoning: Any city of village that has a plan commission may exercise extraterritorial zoning power in the unincorporated areas surrounding the city or village. The extraterritorial zoning power may be exercised in the unincorporated areas located within three miles of the corporate limits of a first, second or third class city, or within one and one-half miles of a fourth class city or village. (All cities and villages in Clark County are fourth class.) Extraterritorial zoning may be initiated by a city or village adopting a resolution and providing notice of the extraterritorial area to be zoned. The city of village may unilaterally adopt an interim zoning ordinance to preserve existing zones or uses for up to two years while a comprehensive zoning plan is being prepared. A joint committee, consisting of three city or village plan commission members and three town members must approve of the plan and regulations by majority vote. Extraterritorial zoning is not commonly used in the State of Wisconsin.

4. Planned Unit Developments (PUDs): Planned unit developments (also sometimes referred to as "planned development districts") allow developers to vary some of the standards in local zoning ordinances to provide for innovative approaches that may allow for better design and arrangement of open space to protect natural resources. PUDs require flexibility from both the developer and local government.

City of Greenwood Status/Recommendation(s)

Status: The City of Greenwood maintains a comprehensive zoning ordinance with defined districts. The zoning ordinance and associated districts have performed well for the city and conform with the preferred land uses identified on Map 8-2.

Recommendation(s): No additional districts or changes are recommended at this time. The city does not envision a need for either performance zoning, overlay zoning or extraterritorial zoning at this time.

Revisit existing zoning ordinance and update to comply with the comprehensive plan's preferred land use map (see Map 8-2).

Timeline: One to two years.

Land Division/Subdivision Ordinance

Achieving the goals, objectives and policies of the comprehensive plan will be significantly influenced by how land will be divided and developed in the future. Pursuant to Wis. Stats. § 236, communities, by ordinance, could review the subdivision of land within its corporate limits. A land division ordinance is a tool to control how, when, and if rural farmland, woodlands, and open spaces will be divided and developed while protecting the needs and welfare of the community. It also regulates how new lots will be made ready for future development such as provisions for adequate access (required roads, driveways), wastewater treatment and water supply.

The impact of land division regulations is more permanent than zoning (which regulates the type of development that takes place on a parcel) because once land is divided into lots and streets are laid out, development patterns are set. Local review and regulation of future divisions of land can therefore be an effective tool to realize plan goals.

A village or city can require a new land division be in conformance with their community's comprehensive plan as a basis of approval. The key to implementing this objective is twofold. First, the ordinance should clearly state that consistency with the community's comprehensive plan is a criteria of approval. Secondly, the ordinance should contain a provision requiring the proponent for a land division to submit a clear and concise letter of intent as part of the land division application. The letter of intent submitted as part of the application record can be used to administer the future use of the property. City and village subdivision regulations may also be applied to the unincorporated areas which fall within the extraterritorial plat approval jurisdiction of the city or village.

City of Greenwood Status/Recommendation(s)

Status: The City of Greenwood's Land Use Regulations contains the provisions of the city's land division ordinance. The ordinance appears adequate and does contain language that divisions must be in compliance with the city master plan. Future amendments to the ordinance should specifically cite conformance with the city's comprehensive plan per statute 66.1001.

Recommendation(s): The Subdivision regulations should be amended to include provisions for the installation of public sewer and water when streets are platted. The Subdivision regulations should maintain review of land divisions within the village's extraterritorial jurisdiction (1.5 miles from the city limits). The city should continually monitor the need to update existing subdivision regulations as needed.

Timeline: One to three years.

Extraterritorial Plat Review

Cities and villages that have adopted a subdivision ordinance or official map can exercise extraterritorial plat approval jurisdiction for three miles beyond the corporate limits of a first, second or third class city and one and one-half miles beyond the limits of a fourth class city or village. (In Clark County all villages and cities are fourth class meaning the maximum plat approval jurisdiction is 1.5 miles.) Specifics relative to Extraterritorial Plat Review can be found under Wis. Stats. § 236.02(5).

City of Greenwood Status/Recommendation(s)

Status: The city's land division ordinance includes extraterritorial plat review provisions. This provision shall be maintained in the ordinance or any amendments thereafter.

Recommendation(s): The city should exercise extraterritorial plat review authority.

Timeline: One to two years.

Official Maps

Cities, villages, and towns may adopt official maps. These maps, adopted by ordinance or resolution, may show existing and planned streets, highways, historic districts, parkways, parks, playgrounds, railroad rights of way, waterways and public transit facilities. The map also may include a waterway only if it is included in a comprehensive surface water drainage plan. No building permit may be issued to construct or enlarge any building within the limits of these mapped areas except pursuant to conditions identified in the law.

Counties have limited official mapping powers. Counties may adopt highway-width maps showing the location and width of proposed streets or highways and the widths of any existing streets or highways which are planned to be expanded. The municipality affected by the street or highway must approve the map. Counties may also prepare plans for the future platting of lands, or for the future location of streets, highways, or parkways in the unincorporated areas of the county. These plans do not apply to the extraterritorial plat approval jurisdiction of a city or village unless the city or village consents.

Official maps are not used frequently because few communities plan anything but major thoroughfares and parks in detail in advance of the imminent development of a neighborhood.

City of Greenwood Status/Recommendation(s)

Status: The City of Greenwood does maintain an official map.

Recommendation(s): The city should continue to utilize its official map for the purposes of showing planned street, park, utility right-of-way or other public features.

Timeline: One to two years.

Cooperative Boundary Agreements

Cooperative boundary agreements can reduce some of the conflict regarding boundary issues that often arise between cities, villages and towns). The Legislature has provided express enabling authority for these agreements. The communities involved in such agreements undertake cooperative preparation of a plan for the areas concerned. The plan for changing or maintaining boundaries, and for controlling land use and services is sent to the Department of Administration. If the plan is approved, a contract binding the parties to it is put into effect. An alternative to cooperative boundary agreements is to develop a multi-jurisdictional comprehensive plan that requires compromise along community borders.

City of Greenwood Status/Recommendation(s)

Status: The City of Greenwood does not maintain any boundary agreements with either bordering town.

Recommendation(s): The city should be opened to discussing a border agreement with either or both towns if approached by town officials. The need for a cooperative boundary agreement does not appear urgent at this time. The city should continue relations with town officials.

Annexation/Incorporation

Cities and villages have the power to annex given to them by the state. The power to extend municipal boundaries into adjacent unincorporated (town) lands allows a community to control development on its periphery.

Contrary to popular belief, annexation occurs at the request of town residents, not at the request of the incorporated municipality. Petitions for annexation are filed by the town landowners and the village or city acts upon the annexation petition.

Wisconsin Act 317 — Revisions to Annexation Procedures

Under this Act which was enacted in April of 2004, no city or village may annex any territory if none of the city's or village's territory is in the same county as the territory to be annexed. The Act also requires cities and villages to make payments for five years to towns that lose territory due to annexations. Cities and villages will have to pay to the town from which the land is annexed the amount of the town tax for the annexed property. The Act gives an exemption from this payment for cities and villages that have boundary agreements with the neighboring towns.

City of Greenwood Status/Recommendation(s)

Status: The city should review any annexation petition filed by adjacent land owners. Growth pressure will likely occur on the city's northwest border.

Recommendation(s): The city should continue and expand relations with the towns. Annexation should be thoroughly reviewed before approval by the city. The city currently has little need to pursue any annexation.

Aesthetic Controls

Sign Ordinances

A sign ordinance restricts the type, size, and location of signs within a community. It also often restricts the types of materials that can be used to construct signs. These ordinances can regulate signage to achieve a number of community values such as improved property values, public safety and glare control. Counties, towns, cities, and villages may all adopt sign ordinances and billboard regulations.

City of Greenwood Status/Recommendation(s)

Status: The city's zoning ordinance includes specifications for signs.

Recommendation(s): The section has provided adequate guidance and no changes are recommended.

Historic Preservation Ordinances

The objectives of a comprehensive plan which note the need to preserve important historic structures and sites can be implemented through the adoption of a historic preservation ordinance. These ordinances are meant to protect historic buildings and districts. Counties, towns, cities and villages have express authority to enact historic preservation ordinances. In addition, the Wisconsin Legislature has determined that historic preservation is such an important objective that all cities and villages that contain any property listed on either the national register of historic places or the state register of historic places must enact an historic preservation ordinance to regulate historic or archeological landmarks and historic districts in an effort to preserve those landmarks.

City of Greenwood Status/Recommendation(s)

Status: The city's zoning ordinance includes criteria for the construction, re-construction, alteration, and demolition of structures in historic areas of the city.

Recommendation(s): This section appears adequate and no changes are recommended.

Design Review

Design review involves the review and regulation of the design of buildings and their sites. Design review standards are often included as part of zoning and subdivision ordinances. It seeks to protect communities from multi-family, commercial, industrial, and institutional development which would detract from the appearance of the community and reduce property values. Such an ordinance is especially recommended for communities with buildings of historic or architectural importance and where tourism is a major economic activity.

City of Greenwood Status/Recommendation(s)

Status: Review of the city's land use regulations reveals limited guidance on design review standards except for those established under the historic preservation ordinance.

Recommendation(s): The city should amend the land division ordinance to provide more specific appearance criteria for multi-family, commercial, industrial, and institutional development.

Timeline: One to three years.

Specialized Ordinances

Given specific issues and needs within a particular community, a number of "specialized" ordinances may be required to locally regulate public health and safety concerns, protect private property and avoid public nuisances. The following ordinances have received increased attention due to local issues.

Telecommunications (Cell Tower) Ordinance

Ordinances can be used to minimize the visual effects of towers, maximize the capacity of existing towers and reduce impacts to adjacent properties. Local governments cannot unilaterally prohibit cell towers by ordinance, zoning or any other means. However, local governments can enact ordinances to prohibit towers from certain specially identified areas, regulate tower height, specify minimum setbacks, require collocation strategies, and encourage landscaping and disguising techniques. An important benefit of having a telecommunications ordinance is that it provides decision-making consistency and decreases the chances of discrimination against a particular company. The ordinance provides a basis for conditional use provisions or denials. The Telecommunications Act of 1996 requires all denials to be in writing and supported by sufficient evidence. Telecommunication ordinances seek to balance business and industry needs with community character, aesthetics and resident needs.

City of Greenwood Status/Recommendation(s)

Status: The city does not currently have an ordinance which guides cell tower development.

Recommendation(s): It is recommended the city develop a telecommunication ordinance.

Timeline: One to three years.

Utility Accommodation Ordinance

The state, county and local governments operate road systems to provide a safe and convenient means for the vehicular transportation of people and goods, and utility companies provide essential services to the public. Both the governments and utility companies typically provide facilities which consider present as well as future needs. Cooperation between these two entities is essential if the public is to be served at the lowest possible cost. Although the governments should strive to accommodate utility facilities whenever possible, the permitted use and occupancy of the road right-of-way for non transportation purposes is subordinate to the primary interests and safety of the traveling public. The purpose of a utility accommodation policy or ordinance is to prescribe the policies and procedures that shall be met by any utility whose facility currently occupies, or will occupy any road right-of-way or bridge within the governments jurisdiction. The policy should apply to all public and private utilities.

City of Greenwood Status/Recommendation(s)

Status: The city does not have a utility accommodation ordinance.

Recommendation(s): A utility accommodation ordinance should be considered to inform the city on the placement of utilities, maintenance and abandonment within local road right-of-way. An ordinance of this type should be studied and possibly developed jointly between the United Communities of Clark County Group (UCCC) Group.

Timeline: One to five years.

Nuisance Ordinance

A nuisance can generally be defined as an action, or lack there of, which creates or permits a situation that annoys, injures or endangers the peace, welfare, order, health or safety of the public in their persons or property. Nuisance ordinances can be defined in many ways, depending what issues are present in the community. Possible nuisances include noxious weeds, storage of vehicles, odors, noise, signs, obstruction of streets, animals, fireworks and any number of related type nuisances. Concisely defining nuisances as well as enforcement, abatement and recovery of costs for abatement are very important in the creation of a nuisance ordinance. A nuisance ordinance provides land owners and residents with a mechanism for identifying and preventing non-compliant situations.

City of Greenwood Status/Recommendation(s)

Status: The city's municipal code of ordinances addresses the above referenced nuisances.

Recommendation(s): No additional nuisance ordinances are recommended at this time.

Other Ordinances

Wisconsin Towns Association also recommends that all towns, villages, and cities should strongly consider adopting the following "basic" ordinances. Most of these ordinances are considered nuisance type ordinances. They include:

1. An ordinance to regulate specific operations (e.g., nude dancing).

2. An ordinance to regulate mobile homes and mobile home parks.

3. An ordinance on town and village board meeting procedures and town board and village administration of the town.

4. An ordinance regulating billboards.

5. An ordinance regulating events and large assemblages.

6. An ordinance to regulate fire control in fire regulation and reimbursement for fire costs.

7. An ordinance to regulate vehicle road weight limits, truck routes and other road uses.

8. An ordinance to regulate use of roadways by snowmobile, ATVs and horses.

9. An ordinance to regulate dogs running at large.

10. An ordinance to regulate unlicensed motor vehicles.

11. An ordinance to regulate landspreading of certain wastes.

City of Greenwood Status/Recommendation(s)

Status: The city's municipal code of ordinances adequately addresses the above referenced ordinances.

Recommendation(s): No changes or additions are recommended.

Intergovernmental Agreements

Any municipality may contract with other municipalities to receive or furnish services or jointly exercise power or duties required or authorized by law. The term "municipality" is defined to include the state, counties, cities, villages, towns, school districts, sanitary districts, public library systems, regional planning commissions, and other governmental and quasi-governmental entities. The requirements and procedures set forth for intergovernmental agreements are minimal. Such arrangements can prove useful in the implementation of a plan by facilitating efficient provision of public facilities and services. In Clark County, intergovernmental agreements have been used to execute cooperation between communities for services such as fire and emergency rescue.

City of Greenwood Status/Recommendation(s)

Status: Other than municipal aid agreements, the City of Greenwood does not have any formal intergovernmental agreements. The city participates in the United Communities of Clark County group and has some informal equipment and service sharing with the City of Loyal.

Recommendation(s): The city should consider shared service agreements in the future with other units of government to reduce service cost. The city should continue to pursue an agreement with the City of Loyal on treatment of wastewater in the future. The city should continue to be an active partner with the United Communities of Clark County group which will likely facilitate additional opportunities for shared agreements. Please reference Section 7.9 of this plan.

Timeline: On-going.

Building and Housing Codes

Cities, villages, towns, and counties may enact building and housing codes. Building codes are sets of regulations that set standards for the construction of buildings in a community. Building codes ensure that new and altered construction will be safe. These codes must conform to the state building, plumbing, and electrical codes. Housing codes define standards for how a dwelling unit is to be used and maintained after it is built. To enforce the codes, inspections are required by the local municipality. This code is concerned with keeping housing from falling into dilapidation and thus keeping neighborhoods from falling into blight.

City of Greenwood Status/Recommendation(s)

Status: The city's land division ordinance addresses building and housing codes. The city has also begun complying with Wisconsin's Home Safety Act, which required local enforcement of the Wisconsin Uniform Dwelling Code (UDC), by contracting with a inspection firm.

Recommendation(s): This section should be amended to include design review criteria for multi-family, commercial, and industrial development.

Timeline: One to five years.

Fiscal Tools

Capital Improvements Program (CIP)

The capital improvements program is a way of implementing issues related to capital facilities specified in a plan. Capital improvements are those projects which require the expenditure of public funds for the acquisition, construction, or replacement of various public buildings such as police and fire halls, schools, and city/village/town halls; roads and highways; water and sewer facilities; and parks and open space.

A capital improvements program is a listing of proposed public projects according to a schedule of priorities over the next few years, usually a five year programming period. A CIP allows local communities to plan for capital expenditures and minimize unplanned expenses. Sources of funding for capital improvements include impact fees, subdivision requirements, special assessments, and revenue or general obligation bonding.

The usefulness of the CIP depends upon the community properly budgeting for expenditures as part of the community's annual capital improvements budget.

City of Greenwood Status/Recommendation(s)

Status: The city maintains a 5-year capital improvement budget for streets which is reviewed annually. The city does not maintain a more comprehensive capital improvement plan.

Recommendation(s): Annually update the capital budget for streets. Develop a more comprehensive capital improvement plan which includes all city facilities, services, and infrastructure. Utilize the City of Greenwood Year 2025 Comprehensive Plan, specifically Map 4-2, to incorporate proposed projects. Work with the other UCCC communities to "package" projects for bidding.

Timeline: One to three years.

Impact Fees

Cities, villages, towns, and counties may impose impact fees. Impact fees are financial contributions imposed on developers by a local government as a condition of development approval.

Impact fees are one response to the growing funding gap in infrastructure dollars between revenues and needs. Impact fees help shift a portion of the capital cost burden of new development to developers in an effort to make new development responsible for serving itself rather than raising taxes on existing development. Local governments can use impact fees to finance highways and other transportation facilities, sewage treatment facilities, storm and surface water handling facilities, water facilities, parks and other recreational facilities, solid waste and recycling facilities, fire and police facilities, emergency medical facilities, and libraries. Impact fees cannot be used to fund school facilities. Furthermore, counties cannot use impact fees to fund highways and other transportation related facilities.

City of Greenwood Status/Recommendation(s)

Status: Other than a park dedication fee outlined in the city's land division ordinance, the city does not implement the use of an impact fee for new development. The city does not envision a need for implementing an impact fee policy or ordinance.

Recommendation(s): The City of Greenwood should be willing to consider implementing impact fees for new developments to offset the rising cost of infrastructure improvements. The use of such fees should be considered for effects on affordable housing in the city.

Timeline: As needed.

Tax Increment Financing Districts (TID)

Cities and villages may designate tax increment finance districts to finance public improvements through the property taxes generated on subsequent increases in the value of taxable property in the district. TIF distributes the costs of public improvements among all overlying taxing jurisdictions that ultimately benefit from an increase in the area's valuation. Often the cost of financing public improvements for development is borne entirely by the community. Although overlying jurisdictions such as county, school or vocational and technical college districts may benefit from the development in the form of an increase in property valuation, they do not share in the costs of providing the necessary public improvements that make the development possible. Under TIF, the overlying taxing jurisdictions do not receive any tax revenues based on the increase in property valuation in an area or district until all improvement costs are paid. Thus TIF assures that all taxing jurisdictions benefiting from development pay a share of the costs.

City of Greenwood Status/Recommendation(s)

Status: The City of Greenwood currently has two TID's. The city should continue to monitor the increment created by these districts.

Recommendation(s): Promote development within the TID district and make planned infrastructure improvements as identified in the TID plan. Update as needed.

Timeline: Continuous.