MADELINE ISLAND NEWS AND INFORMATION
TPC Zoning Re-Write Falls Far Short of Mark
by Edward Itor
Posted: September 1
Zoning is probably the biggest issues on
Madeline Island. These days, if you want to get islanders riled up, just start
talking about making zoning changes around them and let the fireworks begin.
Over the last year, the Town Plan Commission has been given the task of
reviewing La Pointes zoning and suggest changes in these ordinances, to help
facilitate the realization of the Smart Growth Plan.
Recently, all towns and cities were required to develop a smart growth plan or
lose their ability to control their zoning to the county. La Pointe complied and
much time and money was dedicated to this project.
The towns and cities that complied are now required to review their zoning
ordinances and to make changes by 2010. According to the law, “any program or
action of a local governmental unit that affects land use” must be consistent
with that unit’s “comprehensive plan.” Wisconsin State Statute Sec.
66.1001(3).
The law contains a non-inclusive list of such activities, including zoning,
subdivision regulation and official mapping. Many towns established plan
commissions so that they may engage in programs and activities relating to land
use.
La Pointe's Town Plan commission, headed by Carl Broberg, has been working on
this project for about 2 years. The Town Plan Commission has finished the
project and is planning on holding Public Hearings on the proposed changes.
Initially, however, Broberg attempted to side-step public hearings and at the
Town Board meeting of
July 8, urged the Town Board to "adopt these changes forthwith". At
that meeting, the Town Board voted to hold public hearings for the TPC, however,
two weeks later reversed that decision (perhaps on the advice of one of their
attorneys?), and passed the (legal) responsibility back to the TPC. The
TPC has since scheduled a
Public Hearing on
September 4 for public input on these changes.
The ultimate goal of this project was
supposed to eliminate conflicting or redundant in La Pointe zoning, however it
appears that this document falls far short of the mark.
A review by current Zoning Administrator, Jennifer Croonborg, reveals many
problems with this document. These problems range from unconstitutional
definitions of terms used throughout the document, to ordinances which allow
activity that are in direct violation of county and state statutes, as well as
changes that create new contradictions to other ordinances.
There are also ordinance additions and changes which, if passed would create
even more redundancies in La Pointe zoning.
It also appears that this new body of work, if passed would open new doors for development on Madeline Island. It also attempts to limit the power and responsibilities of the Zoning administrator, and tries to all but eliminate the complaint process of parties who might be aggrieved by the decisions made by TPC and Town Board.
It is my opinion, this body of work fails the intent of the codification project. Rather than fix the problems with the current zoning, this body of work simply creates new problems. If this is what the Town Plan Commission has spent countless hours working on, then the money they are paid for attending meetings and making decisions on behalf of the town has been wasted.
Over the course of the last several months, this organization has determined that the Town Plan Commission is not interested in public input, whether it is about a particular CUP or changes to zoning. This document appears to be a direct reflection of that attitude. Rather than sticking to the task of hand, the TPC has gone one step further by trying to expand their project into an opportunity to completely rewriting La Pointe zoning, adding and deleting whatever they perceive as being beneficial to the town.
Unfortunately, some of the people who have worked on this document over the last year, now sit on the town board and are now in a position to pass these changes. Perhaps they see no problems with this body of work. Only time will tell. However, some of these changes have no chance of getting past the Ashland County Board of Supervisors, despite Mike Starck being elected to that board. A town cannot enact an ordinance that is less restrictive than an existing county or state ordinance regarding the same matter. This document proposes to do that. If anything, this document may just re-enforce the idea to those that believe that some small towns in Wisconsin shouldn't be doing their own zoning, including La Pointe. Town Board members would be wise to consider carefully any changes to existing zoning.
Fortunately, there are laws that dictate the process of making zoning changes and it will be some time yet, before any of these changes can become law. In the meantime, contact your local government officials and tell them what you think of the TPC's work.
Edward Itor
editor@madelineislandnews.com
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