When a municipality annexes property, is there a "rule of thumb" regarding initial zoning of this property? Should it conform similarly to what it was zoned previously (under county zoning), or should it totally conform to contiguous property that was already under municipal zoning? What about property being brought into an ETJ?
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Initial zoning of annexed property
- Thread starter Alex M
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Chet
Cyburbian Emeritus
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I'm sure it depends on State Statutes, but in Wisconsin the annexing municipality has total discretion to establish zoning as a part of the annexation. Two schools of thought emerged in the last place I worked (my current City does not annex):
1. Zone to make the existing land use legal and conforming.
2. Zone to follow the land uses permiited by the adopted Comprehensive Plan.
The former favors property rights. The later favors , well, you know...
1. Zone to make the existing land use legal and conforming.
2. Zone to follow the land uses permiited by the adopted Comprehensive Plan.
The former favors property rights. The later favors , well, you know...
mike gurnee
Cyburbian
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Many zoning codes address this issue, and automatically zone annexed property agricultural or large lot residential. Check the first couple of chapters. If not, a good procedure is for the planning commission to have a hearing on the zoning prior to annexation, and make the zone designation part of the annexation ordinance.
Where you have county zoning in place, you need be careful about vested rights under the prior system...or keep the designation used by the county.
As for extraterritorial jusisdiction, it should be part of the city's comprehensive plan and zoned accordingly, just as if it were in the city.
Where you have county zoning in place, you need be careful about vested rights under the prior system...or keep the designation used by the county.
As for extraterritorial jusisdiction, it should be part of the city's comprehensive plan and zoned accordingly, just as if it were in the city.