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- 8 - , EXTRATERRITORIAL ZONING What is extraterritorial zoning? Extraterritorial zoning is authorized by s.62.23 (7a) which permits cities and villages to zone land outside their municipal borders. The municipal- ity may unilaterally adopt zoning which freezes the zoning or uses in the surrounding town for up to two years, while a comprehensive zoning plan is being prepared. If the municipality is to make the zoning permanent, it must be approved by a six-member committee composed of three town and three municipal representatives. What has the court said about extraterritorial zoning? In Walworth County v. Elkhorn (1965) 27 Wis. 2d 30, 133 N.W.2d 257 the court upheld the validity of the statute and its application to an interim freeze of existing agricultural zoning in the town which prohibited a liquor store although the town and county subsequently amended the zoning to permit such use. In Town of Grand Chute v. City pf Appleton (Ct. App. 1979) 91 Wis. 2d 293, 282 N.Wrd 629, the Court of Appeals of Wisconsin ruled that an interim extraterritorial ordinance allows (1 ) interim zoning freezes if there is zoning and (2) interim use freezes if there is no zoning. It does not allow the municipality to freeze the more restrictive of the zoning or uses. A 1974 Opinion of the Attorney General 730 AG 69 says that municipal extraterritorial zoning does not supersede county shoreland zoning, but is also effective insofar as it is consistent with, or more restrictive than, county shoreland zoning. (SEE NEXT PAGE) What does s . 62.23(7a) say? How has this statute been interpreted? In a 1978 opinion, 670 AG 238, the Attorney General addressed a number of issues involving 62.23(7a): (1 ) a "land use survey" is not required prior to adopting an interim ordinance although a land use survey probably would be part of the comprehensive plan upon which the final extraterritorial zoning ordinance would be based; (2) s.62.23(7a)(b) permits the governing body to amend the districts and regulations of the interim ordinance but amendments should not be of a nature that would later compromise the com- prehensive plan; (3) the procedure for amending both the interim and the final extraterritorial ordinance requires a prior favorable vote of a majority of the 6 member extraterritorial committee before the governing body may adopt the amendment. The joint committee and the governing body must hold a public hearing and give notice as provided in s.62.23(7a)(c) and (e). Thus, the joint committee must stay in existence after the final extraterritorial zoning ordinance has been adopted; and (4) The administra- tion and enforcement of the interim and final extraterritorial zoning ordinance is by the city or village. The city or village board of zoning appeals handles all administrative appeals from interpretation or implemen- tation of the ordinance. What other extraterritorial land use control jurisdiction do cities and villages have? 5.236.02(2) and s.236.10(1 )(b) give extraterritorial plat approval within 3 miles of the corporate limits of a 1st, 2nd or 3rd class city or 1-1/2 miles of a 4th class city or village if the municipality adopts a sub- division ordinance or an official map. '