Land Use and Zoning Law

Friebert, Finerty and St. John, S.C. handles all aspects of land use, including zoning, site plan overlay districts, negotiation of site plan and design guidelines, negotiation and application for general and detailed planned development districts, and administrative zoning matters such as applications for special use permits, and conditional uses. We also negotiate and draft the plans of operation which must be approved as part of the issuance of such permits.

In addition, more often than not, a larger development requires a land use conservation plan, a natural resources protection plan, or a stormwater management plan and any variety of land use restrictions and covenants related to site acquisition and development.

Modern land use now enjoys greater municipal financing participation than at any time ever before. This pro-development stance on the part of many municipalities requires the developer's lawyer to be prepared to negotiate statements of intent and project plans for tax incremental financing districts ("TIF"), special assessment district plans and assessment formulas, and explore the use of industrial revenue development bonds ("IRDB") where appropriate for commercial and industrial projects.

Just as municipal participation has grown and land regulation has increased, much of this focused on greater concerns for environmental aspects of new land uses and development. We are experienced in all environmental components of the development process including requirements for air quality permits for direct and indirect source developments, development site environmental remediation plans, preparation and approval of traffic impact analysis, and remediation and traffic control programs. This is particularly true for developers who work on the periphery of municipalities which adjoin previously undeveloped or partially developed rural land.

For developers who invest and build in the more-developed areas of larger cities and older suburbs, we provide advice on subsidized construction funding, low-interest development loans, IRDB's, TIF's, and front-end low interest or interest deferred funding for smaller developments.

The urban developer often faces strong objections in older neighborhoods, which require innovative approaches to historic preservation issues with respect to both buildings and districts within which the building is located. Some municipalities allow development even with historical designation through the negotiation of a certificate of appropriateness. Other communities simply issue the certificate without the developer's input. In fact, many buildings are often given a historic designation over the owner's objection. In the latter instance, a direct appeal to the legislative body or a trip to circuit court for injunctive relief are some of the tools that are used to allow the development to move forward.

The firm has built a solid reputation for assisting investors, developers, and others in obtaining zoning approvals and municipal permits for major projects of every kind. Likewise, we have extensive experience in negotiating complicated financing and development agreements with municipalities of every size and, in some instance, special use districts which require separate agreements.

Clients range from major mall owners, to shopping center owners, residential and mixed-used project developers, and office building, commercial, and industrial developers.

We quickly guide our clients through the zoning and land use process toward their specific objective of enhancing the land they own and developing landmark projects. Our clients are located in major downtown areas, suburbs, and rural areas throughout Wisconsin.