Zoning & Land-Use | HPC Training | Wisconsin Historical Society

Guide or Instruction

Zoning and Land-Use Regulations

Chapter 8: Preservation Commission Design Guidelines, Page 2 of 8

Zoning & Land-Use | HPC Training | Wisconsin Historical Society

Zoning laws are made at the local level of government to manage the use and intensity of both new and existing development. Basic zoning laws determine whether or not a specific area is residential, commercial, industrial, or some combination of these. In addition, an overlay can be added to an area to meet its specific needs and direct its development.

Zoning: Help or Hindrance

Community zoning laws can either help or hinder preservation efforts depending on how they are structured. Zoning laws can work in favor of preservation if they require buildings to conform within existing setbacks, size, and lot coverage. The designation of a local historic district generally results in the creation of an overlay of the area. Properties within this designated area must comply with regulations established for the historic district.

If local zoning allows the establishment of fast food businesses within a historic district, compatibility issues will arise. Zoning laws that allow the construction of high-rise commercial buildings in an area that has traditionally low-rise buildings will result in pressure to demolish the historic structures.

Thus, it is important for commission members to be knowledgeable about their local zoning laws and to try to improve them to be more favorable toward preservation.

City Land-Use Regulations

In addition to zoning, other land-use laws at the local level can impact preservation. Subdivision laws address the platting and conversion of undeveloped land into buildable lots. These laws can impact preservation in a less direct manner. If the area proposed for development is near a historic resource, these laws can impact the setting, and thus integrity, of the resource. The development of transportation corridors in the new area can impact traffic patterns that could eventually lead to inappropriate street widening in local historic districts.

To address these issues, a community can take one of two approaches:

  • Apply new zoning regulations to the area to make it less enticing to development
  • Create buffer zones between new development and historic areas

Commissions should be consulted if lands near historic resources are being developed. Depending on the authority given to the commission in the local ordinance, it may review the development's site plan and make a recommendation on items such as siting, massing of buildings, or materials used. These actions will ensure that new construction is compatible, or at least not detrimental, to nearby historic resources.