2011 WISCONSIN ACT
170
An Act
to renumber
59.69 (10) (a), 60.61 (5) (a) and 62.23 (7) (a);
to amend
59.69 (10) (e) 1., 59.69 (10) (e) 2., 60.61 (5) (e) 1., 60.61 (5) (e) 2., 62.23 (7a) (intro.) and 92.15 (5); and
to create
59.69 (10) (ab), 59.69 (10e), 59.692 (2m), 60.61 (5) (ab), 60.61 (5e), 62.23 (7) (ab) and 62.23 (7) (hb) of the statutes;
relating to:
certain shoreland zoning standards and ordinances that regulate the repair and expansion of nonconforming structures.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1e
.
59.69 (10) (a) of the statutes is renumbered 59.69 (10) (am).
Section
1g
.
59.69 (10) (ab) of the statutes is created to read:
59.69
(10)
(ab) In this subsection "nonconforming use" means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.
Section
1h
.
59.69 (10) (e) 1. of the statutes is amended to read:
59.69
(10)
(e) 1. In this paragraph, "amortization ordinance" means an ordinance that allows the continuance of the lawful use of a nonconforming building, premises, structure, or fixture that may be lawfully used as described under par.
(a)
(am)
but only for a specified period of time, after which the lawful use of such building, premises, structure, or fixture must be discontinued without the payment of just compensation.
Section
1i
.
59.69 (10) (e) 2. of the statutes is amended to read:
59.69
(10)
(e) 2. Subject to par.
(a)
(am)
, an ordinance enacted under this section may not require the removal of a nonconforming building, premises, structure, or fixture by an amortization ordinance.
Section
1j
.
59.69 (10e) of the statutes is created to read:
59.69
(10e)
Repair and maintenance of certain nonconforming structures.
(a) In this subsection:
1. "Development regulations" means the part of a zoning ordinance enacted under this section that applies to elements including setback, height, lot coverage, and side yard.
2. "Nonconforming structure" means a dwelling or other building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current zoning ordinance.
(b) An ordinance enacted under this section may not prohibit, or limit based on cost, the repair, maintenance, renovation, or remodeling of a nonconforming structure.
Section
3
.
59.692 (2m) of the statutes is created to read:
59.692
(2m)
(a) In this subsection:
1. "Development regulations" means the part of a shoreland zoning ordinance enacted under this section that applies to elements including setback, height, lot coverage, and side yard.
2. "Nonconforming structure" means a dwelling or other building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current shoreland zoning ordinance.
(b) A county may not enact, and a county, city, or village may not enforce, a provision in a county shoreland zoning ordinance that does any of the following:
1. Regulates the location, maintenance, expansion, replacement, repair, or relocation of a nonconforming structure if that provision is more restrictive than the shoreland zoning standards for nonconforming structures promulgated by the department under this section.
2. Regulates the construction of a structure or building on a substandard lot if that provision is more restrictive than the shoreland zoning standards for substandard lots promulgated by the department under this section.
(c) A city or village annexed as provided under sub. (7) (a) or incorporated as provided under sub. (7) (ad) may not enact or enforce a provision in a city or village shoreland zoning ordinance that does any of the following:
1. Regulates the location, maintenance, expansion, replacement, repair, or relocation of a nonconforming structure if that provision is more restrictive than the shoreland zoning standards for nonconforming structures promulgated by the department under this section.
2. Regulates the construction of a structure or building on a substandard lot if that provision is more restrictive than the shoreland zoning standards for substandard lots promulgated by the department by rule under this section.
Section
3e
.
60.61 (5) (a) of the statutes is renumbered 60.61 (5) (am).
Section
3k
.
60.61 (5) (ab) of the statutes is created to read:
60.61
(5)
(ab) In this subsection "nonconforming use" means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.
Section
3m
.
60.61 (5) (e) 1. of the statutes is amended to read:
60.61
(5)
(e) 1. In this paragraph, "amortization ordinance" means an ordinance that allows the continuance of the lawful use of a nonconforming building, premises, structure, or fixture that may be lawfully used as described under par.
(a)
(am)
, but only for a specified period of time, after which the lawful use of such building, premises, structure, or fixture must be discontinued without the payment of just compensation.
Section
3n
.
60.61 (5) (e) 2. of the statutes is amended to read:
60.61
(5)
(e) 2. Subject to par.
(a)
(am)
, an ordinance enacted under this section may not require the removal of a nonconforming building, premises, structure, or fixture by an amortization ordinance.
Section
4
.
60.61 (5e) of the statutes is created to read:
60.61
(5e)
Repair and maintenance of certain nonconforming structures.
(a) In this subsection:
1. "Development regulations" means the part of a zoning ordinance enacted under this section that applies to elements including setback, height, lot coverage, and side yard.
2. "Nonconforming structure" means a dwelling or other building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current zoning ordinance.
(b) An ordinance enacted under this section may not prohibit, or limit based on cost, the repair, maintenance, renovation, or remodeling of a nonconforming structure.
Section
4m
.
62.23 (7) (a) of the statutes is renumbered 62.23 (7) (am).
Section
4p
.
62.23 (7) (ab) of the statutes is created to read:
62.23
(7)
(ab)
Definition.
In this subsection "nonconforming use" means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.
Section
5
.
62.23 (7) (hb) of the statutes is created to read:
62.23
(7)
(hb)
Repair and maintenance of certain nonconforming structures.
1. In this paragraph:
a. "Development regulations" means the part of a zoning ordinance enacted under this subsection that applies to elements including setback, height, lot coverage, and side yard.
b. "Nonconforming structure" means a dwelling or other building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current zoning ordinance.
2. An ordinance enacted under this subsection may not prohibit, or limit based on cost, the repair, maintenance, renovation, or remodeling of a nonconforming structure.
Section
6m
.
62.23 (7a) (intro.) of the statutes is amended to read:
62.23
(7a)
Extraterritorial zoning.
(intro.) The governing body of any city which has created a city plan commission under sub. (1) and has adopted a zoning ordinance under sub. (7) may exercise extraterritorial zoning power as set forth in this subsection. Insofar as applicable sub. (7)
(a)
(am)
, (b), (c), (ea), (h) and (i) shall apply to extraterritorial zoning ordinances enacted under this subsection. This subsection shall also apply to the governing body of any village.
Section
6s
.
92.15 (5) of the statutes is amended to read:
92.15
(5)
Any livestock operation that exists on October 14, 1997, and that is required to obtain a permit under s. 283.31 or that receives a notice of discharge under ch. 283 may continue to operate as a livestock operation at the same location notwithstanding s. 59.69 (10)
(a)
(am)
or 62.23 (7) (h) or any zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7), if the livestock operation is a lawful use or a legal nonconforming use under any zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7) on October 14, 1997.
