AB479-ASA1,14,1610 62.23 (7) (e) 7. a. In this subdivision, “area variance” means a modification to
11a dimensional, physical, or locational requirement such as a setback, frontage,
12height, bulk, or density restriction for a structure that is granted by the board of
13appeals under this paragraph. In this subdivision, “use variance” means an
14authorization by the board of appeals under this paragraph for the use of land for a
15purpose that is otherwise not allowed or is prohibited by the applicable zoning
16ordinance.
AB479-ASA1,19 17Section 19. 62.23 (7) (e) 7. d. of the statutes is created to read:
AB479-ASA1,15,318 62.23 (7) (e) 7. d. A property owner bears the burden of proving “unnecessary
19hardship," as that term is used in this subdivision, for an area variance, by
20demonstrating that strict compliance with a zoning ordinance would unreasonably
21prevent the property owner from using the property owner's property for a permitted
22purpose or would render conformity with the zoning ordinance unnecessarily
23burdensome or, for a use variance, by demonstrating that strict compliance with a
24zoning ordinance would leave the property owner with no reasonable use of the
25property in the absence of a variance. In all circumstances, a property owner bears

1the burden of proving that the unnecessary hardship is based on conditions unique
2to the property, rather than considerations personal to the property owner, and that
3the unnecessary hardship was not created by the property owner.
AB479-ASA1,20 4Section 20. 62.23 (7) (hb) (title) of the statutes is amended to read:
AB479-ASA1,15,65 62.23 (7) (hb) (title) Repair, rebuilding, and maintenance of certain
6nonconforming structures.
AB479-ASA1,21 7Section 21. 62.23 (7) (hb) 1. a. of the statutes is amended to read:
AB479-ASA1,15,108 62.23 (7) (hb) 1. a. “Development regulations" means the part of a zoning
9ordinance enacted under this subsection that applies to elements including setback,
10height, lot coverage, and side yard.
AB479-ASA1,22 11Section 22. 62.23 (7) (hb) 2. of the statutes is amended to read:
AB479-ASA1,15,1412 62.23 (7) (hb) 2. An ordinance enacted under this subsection may not prohibit,
13or limit based on cost, the repair, maintenance, renovation, or remodeling of a
14nonconforming structure.
AB479-ASA1,23 15Section 23. 66.10015 (1) (e) of the statutes is created to read:
AB479-ASA1,15,1816 66.10015 (1) (e) “Substandard lot” means a legally created lot or parcel that met
17any applicable lot size requirements when it was created, but does not meet current
18lot size requirements.
AB479-ASA1,24 19Section 24. 66.10015 (2) (e) of the statutes is created to read:
AB479-ASA1,15,2320 66.10015 (2) (e) Notwithstanding any other law or rule, or any action or
21proceeding under the common law, no political subdivision may enact or enforce an
22ordinance or take any other action that prohibits a property owner from doing any
23of the following:
AB479-ASA1,15,2424 1. Conveying an ownership interest in a substandard lot.
AB479-ASA1,15,2525 2. Using a substandard lot as a building site if all of the following apply:
AB479-ASA1,16,2
1a. The substandard lot or parcel has never been developed with one or more of
2its structures placed partly upon an adjacent lot or parcel.
AB479-ASA1,16,43 b. The substandard lot or parcel is developed to comply with all other
4ordinances of the political subdivision.
AB479-ASA1,25 5Section 25 . 66.10015 (4) of the statutes is created to read:
AB479-ASA1,16,96 66.10015 (4) Notwithstanding the authority granted under ss. 59.69, 60.61,
760.62, 61.35, and 62.23, no political subdivision may enact or enforce an ordinance
8or take any other action that requires one or more lots to be merged with another lot,
9for any purpose, without the consent of the owners of the lots that are to be merged.
AB479-ASA1,26 10Section 26 . 227.10 (2p) of the statutes is created to read:
AB479-ASA1,16,1311 227.10 (2p) No agency may promulgate a rule or take any other action that
12requires one or more lots to be merged with another lot, for any purpose, without the
13consent of the owners of the lots that are to be merged.
AB479-ASA1,27 14Section 27. 710.17 of the statutes is created to read:
AB479-ASA1,16,16 15710.17 Right to display the flag of the United States. (1) Definitions.
16In this section:
AB479-ASA1,16,2017 (a) “Housing cooperative” means a cooperative incorporated under ch. 185 or
18organized under ch. 193 that owns residential property that is used or intended to
19be used, in whole or in part, by the members of the housing cooperative as their
20homes or residences.
AB479-ASA1,16,2321 (b) “Member of a homeowners' association” means a person that owns
22residential property within a subdivision, development, or other similar area that is
23subject to any policy or restriction adopted by a homeowners' association.
AB479-ASA1,17,3
1(c) “Member of a housing cooperative” means a member, as defined in s. 185.01
2(5) or 193.005 (15), of a housing cooperative if the member uses or intends to use part
3of the property of the housing cooperative as the member's home or residence.
AB479-ASA1,17,9 4(2) Right to display the flag of the United States. (a) Except as provided
5in sub. (3), a homeowners' association may not adopt or enforce a covenant, condition,
6or restriction, or enter into an agreement, that restricts or prevents a member of the
7homeowners' association from displaying the flag of the United States on property
8in which the member has an ownership interest and that is subject to any policy or
9restriction adopted by the homeowners' association.
AB479-ASA1,17,1410 (b) Except as provided in sub. (3), a housing cooperative may not adopt or
11enforce a covenant, condition, or restriction, or enter into an agreement, that
12restricts or prevents a member of the housing cooperative from displaying the flag
13of the United States on property of the housing cooperative to which the member has
14a right to exclusive possession or use.
AB479-ASA1,17,17 15(3) Exceptions. A homeowners' association or housing cooperative may adopt
16and enforce a covenant, condition, or restriction, or enter into an agreement, that
17does any of the following:
AB479-ASA1,17,1918 (a) Requires that any display of the flag of the United States must conform with
19a rule or custom for proper display and use of the flag set forth in 4 USC 5 to 10.
AB479-ASA1,17,2220 (b) Provides a reasonable restriction on the time, place, or manner of displaying
21the flag of the United States that is necessary to protect a substantial interest of the
22homeowners' association or housing cooperative.
AB479-ASA1,28 23Section 28. Initial applicability.
AB479-ASA1,18,224 (1) Right to display the flag of the United States. The treatment of section
25710.17 of the statutes first applies to a covenant, condition, or restriction that is

1adopted, renewed, or modified, or to an agreement that is entered into, renewed, or
2modified, on the effective date of this subsection.
AB479-ASA1,18,53 (2) Conditional use permits. The treatment of sections 59.69 (5e), 60.61 (4e),
460.62 (4e), and 62.23 (7) (de) of the statutes first applies to an application for a
5conditional use permit that is filed on the effective date of this subsection.
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