LRB-1707/6
RNK&MES:sbb&jld:rs
2011 - 2012 LEGISLATURE
February 14, 2012 - Introduced by Senators Lasee and King, cosponsored by
Representatives Tiffany, Steineke, Murtha, Litjens, Rivard and Jacque.
Referred to Committee on Insurance and Housing.
SB472,1,4 1An Act to create 59.69 (10e), 59.692 (1p), 59.692 (2m), 60.61 (5e) and 62.23 (7)
2(hb) of the statutes; relating to: certain shoreland zoning standards and
3ordinances that regulate the repair and expansion of nonconforming
4structures.
Analysis by the Legislative Reference Bureau
Under current law, a county must enact a shoreland zoning ordinance for all
shorelands in its unincorporated area and the ordinance must meet shoreland
zoning standards established by the Department of Natural Resources (DNR) by
rule. Current law defines a shoreland to be an area within a certain distance from
the edge of a navigable water. Current law also specifies that, if a shoreland area is
annexed by a city or village (annexing municipality) or is part of a town that
incorporates as a city or village (incorporated municipality), then, with certain
exceptions, the county shoreland zoning ordinance continues in effect and must be
enforced by the annexing or incorporated municipality. The exceptions in current
law allow the annexing or incorporated municipality to enforce its own zoning
ordinance with respect to shorelands if the ordinance complies with shoreland
zoning standards that are at least as restrictive as the county shoreland zoning
ordinance.
This bill prohibits a county from enacting, and prohibits a county, city, or village
from enforcing, any provision in a county shoreland zoning ordinance that regulates
the use, location, maintenance, expansion, replacement, or relocation of a
nonconforming structure if that provision is more restrictive than the shoreland

zoning standards for nonconforming structures promulgated by DNR. The
prohibition under the bill also applies to a shoreland zoning ordinance enacted by an
annexing or incorporated municipality. The bill defines a nonconforming structure
as a dwelling or building that does not conform with a county shoreland zoning
ordinance, other than an ordinance regulating a nonconforming use, but that
lawfully existed before the county shoreland zoning ordinance was enacted.
The bill also provides that DNR may not establish a shoreland zoning standard,
and a county may not enact or enforce a shoreland zoning ordinance, that prohibits
the construction of a structure or building on certain lots, parcels, or tracts (lots).
Under the bill, a shoreland zoning standard or ordinance may not prohibit the
construction of a structure or a building on a lot that does not meet minimum area
and width requirements if the lot met those requirements when the lot was originally
created or if there was no shoreland zoning standard or ordinance in effect that
established minimum area and width requirements when the lot was originally
created.
Generally under current law, zoning restrictions that would otherwise apply to
a damaged or destroyed nonconforming structure may not prohibit, subject to a
number of conditions, the restoration of the structure if it will be restored to the size,
location, and use it had before the damage or destruction occurred, unless the size
must be larger to comply with state or federal requirements. In addition, and subject
to the same conditions, the restrictions in the zoning ordinance may not impose
limits on the costs of the repair, reconstruction, or improvement of the structure. The
conditions that apply to the restrictions in the zoning ordinance are as follows:
1. The structure must have been damaged or destroyed after March 1, 2006.
2. The structure must have been damaged or destroyed by violent wind,
vandalism, fire, flood, ice, snow, mold, or infestation.
Under this bill, a zoning ordinance may not prohibit, or limit based on cost, the
repair, maintenance, reconstruction, renovation, or remodeling of a nonconforming
structure in existence on the effective date of a zoning ordinance that relates to that
structure.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB472, s. 1 1Section 1. 59.69 (10e) of the statutes is created to read:
SB472,2,32 59.69 (10e) Repair and maintenance of certain nonconforming structures.
3(a) In this subsection:
SB472,3,3
11. "Dimensional requirements" means the part of a zoning ordinance enacted
2under this section that applies to elements including setback, height, lot coverage,
3and side yard.
SB472,3,84 2. "Nonconforming structure" means a dwelling or other building that existed
5lawfully before the current zoning ordinance was enacted, but that does not conform
6with one or more of the dimensional requirements in the current zoning ordinance
7enacted under this section that is applicable to a dwelling or other building that is
8constructed on or after the effective date of that zoning ordinance.
SB472,3,129 (b) An ordinance enacted under this section may not prohibit, or limit based on
10cost, the repair, maintenance, reconstruction, renovation, or remodeling of a
11nonconforming structure in existence on the effective date of an ordinance enacted
12under this section related to that structure.
SB472, s. 2 13Section 2. 59.692 (1p) of the statutes is created to read:
SB472,3,1814 59.692 (1p) The department may not establish or enforce a shoreland zoning
15standard, and a county may not enact or enforce an ordinance under this section, that
16prohibits the construction of a structure or building on a lot, parcel, or tract that does
17not meet minimum area or width requirements under that standard or ordinance,
18if any of the following applies:
SB472,3,2119 (a) The lot, parcel, or tract met the minimum area and width requirements for
20the construction of a structure or building when the lot, parcel, or tract was originally
21created.
SB472,3,2522 (b) There was no shoreland zoning standard or ordinance in effect under this
23section that established a minimum area or width requirement for the construction
24of a structure or building on the lot, parcel, or tract when the lot, parcel, or tract was
25originally created.
SB472, s. 3
1Section 3. 59.692 (2m) of the statutes is created to read:
SB472,4,62 59.692 (2m) (a) In this subsection, "nonconforming structure" means a
3dwelling or building that does not conform with a county shoreland zoning
4ordinance, other than a county shoreland ordinance regulating a nonconforming use,
5enacted under this section but that existed lawfully before the county shoreland
6zoning ordinance was enacted.
SB472,4,117 (b) A county may not enact, and a county, city, or village may not enforce, a
8provision in a county shoreland zoning ordinance that regulates the use, location,
9maintenance, expansion, replacement, repair, or relocation of a nonconforming
10structure if that provision is more restrictive than the shoreland zoning standards
11for nonconforming structures promulgated by the department under this section.
SB472,4,1712 (c) A city or village annexed as provided under sub. (7) (a) or incorporated as
13provided under sub. (7) (ad) may not enact or enforce a provision in a city or village
14shoreland zoning ordinance that regulates the use, location, maintenance,
15expansion, replacement, repair, or relocation of a nonconforming structure if that
16provision is more restrictive than the shoreland zoning standards for nonconforming
17structures promulgated by the department under this section.
SB472, s. 4 18Section 4. 60.61 (5e) of the statutes is created to read:
SB472,4,2019 60.61 (5e) Repair and maintenance of certain nonconforming structures. (a)
20In this subsection:
SB472,4,2321 1. "Dimensional requirements" means the part of a zoning ordinance enacted
22under this section that applies to elements including setback, height, lot coverage,
23and side yard.
SB472,5,324 2. "Nonconforming structure" means a dwelling or other building that existed
25lawfully before the current zoning ordinance was enacted, but that does not conform

1with one or more of the dimensional requirements in the current zoning ordinance
2enacted under this section that is applicable to a dwelling or other building that is
3constructed on or after the effective date of that zoning ordinance.
SB472,5,74 (b) An ordinance enacted under this section may not prohibit, or limit based on
5cost, the repair, maintenance, reconstruction, renovation, or remodeling of a
6nonconforming structure in existence on the effective date of an ordinance enacted
7under this section related to that structure.
SB472, s. 5 8Section 5. 62.23 (7) (hb) of the statutes is created to read:
SB472,5,109 62.23 (7) (hb) Repair and maintenance of certain nonconforming structures.
101. In this paragraph:
SB472,5,1311 a. "Dimensional requirements" means the part of a zoning ordinance enacted
12under this subsection that applies to elements including setback, height, lot
13coverage, and side yard.
SB472,5,1814 b. "Nonconforming structure" means a dwelling or other building that existed
15lawfully before the current zoning ordinance was enacted, but that does not conform
16with one or more of the dimensional requirements in the current zoning ordinance
17enacted under this subsection that is applicable to a dwelling or other building that
18is constructed on or after the effective date of that zoning ordinance.
SB472,5,2219 2. An ordinance enacted under this subsection may not prohibit, or limit based
20on cost, the repair, maintenance, reconstruction, renovation, or remodeling of a
21nonconforming structure in existence on the effective date of an ordinance enacted
22under this subsection related to that structure.
SB472,5,2323 (End)
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