LRBa2614/1
MES&RNK:cjs&wlj:jm
2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO 2011 ASSEMBLY BILL 597
March 6, 2012 - Offered by Representative Tiffany.
AB597-AA2,1,11 At the locations indicated, amend the bill as follows:
AB597-AA2,1,2 21. Page 2, line 1: before that line insert:
AB597-AA2,1,3 3" Section 1e. 59.69 (10) (a) of the statutes is renumbered 59.69 (10) (am).
AB597-AA2, s. 1g 4Section 1g. 59.69 (10) (ab) of the statutes is created to read:
AB597-AA2,1,85 59.69 (10) (ab) In this subsection "nonconforming use" means a use of land, a
6dwelling, or a building that existed lawfully before the current zoning ordinance was
7enacted or amended, but that does not conform with the use restrictions in the
8current ordinance.
AB597-AA2, s. 1h 9Section 1h. 59.69 (10) (e) 1. of the statutes is amended to read:
AB597-AA2,2,210 59.69 (10) (e) 1. In this paragraph, "amortization ordinance" means an
11ordinance that allows the continuance of the lawful use of a nonconforming building,
12premises, structure, or fixture that may be lawfully used as described under par. (a)
13(am) but only for a specified period of time, after which the lawful use of such

1building, premises, structure, or fixture must be discontinued without the payment
2of just compensation.
AB597-AA2, s. 1i 3Section 1i. 59.69 (10) (e) 2. of the statutes is amended to read:
AB597-AA2,2,64 59.69 (10) (e) 2. Subject to par. (a) (am), an ordinance enacted under this section
5may not require the removal of a nonconforming building, premises, structure, or
6fixture by an amortization ordinance.".
AB597-AA2,2,7 72. Page 2, line 1: delete " Section 1" and substitute "Section 1j".
AB597-AA2,2,9 83. Page 3, line 1: delete "Dimensional requirements" and substitute
9"Development regulations".
AB597-AA2,2,10 104. Page 3, line 5: after "enacted" insert "or amended".
AB597-AA2,2,12 115. Page 3, line 6: delete "dimensional requirements" and substitute
12"development regulations".
AB597-AA2,2,13 136. Page 3, line 6: delete "ordinance" and substitute "ordinance.".
AB597-AA2,2,14 147. Page 3, line 7: delete lines 7 and 8.
AB597-AA2,2,15 158. Page 3, line 10: delete "reconstruction,".
AB597-AA2,2,17 169. Page 3, line 11: delete lines 11 and 12 and substitute "nonconforming
17structure.".
AB597-AA2,2,18 1810. Page 3, line 13: delete lines 13 to 25.
AB597-AA2,2,19 1911. Page 4, line 2: delete lines 2 to 6 and substitute:
AB597-AA2,2,20 20"59.692 (2m) (a) In this subsection:
AB597-AA2,2,2321 1. "Development regulations" means the part of a shoreland zoning ordinance
22enacted under this section that applies to elements including setback, height, lot
23coverage, and side yard.
AB597-AA2,3,4
12. "Nonconforming structure" means a dwelling or other building that existed
2lawfully before the current zoning ordinance was enacted or amended, but that does
3not conform with one or more of the development regulations in the current
4shoreland zoning ordinance.".
AB597-AA2,3,6 512. Page 4, line 8: delete "regulates the use," and substitute "does any of the
6following:".
AB597-AA2,3,7 713. Page 4, line 8: before "location" insert:
AB597-AA2,3,8 8"1. Regulates the".
AB597-AA2,3,9 914. Page 4, line 11: after that line insert:
AB597-AA2,3,12 10"2. Regulates the construction of a structure or building on a substandard lot
11if that provision is more restrictive than the shoreland zoning standards for
12substandard lots promulgated by the department under this section.".
AB597-AA2,3,14 1315. Page 4, line 14: delete "regulates the use," and substitute "does any of the
14following:".
AB597-AA2,3,15 1516. Page 4, line 14: before "location" insert:
AB597-AA2,3,16 16"1. Regulates the".
AB597-AA2,3,17 1717. Page 4, line 17: after that line insert:
AB597-AA2,3,20 18"2. Regulates the construction of a structure or building on a substandard lot
19if that provision is more restrictive than the shoreland zoning standards for
20substandard lots promulgated by the department by rule under this section.
AB597-AA2, s. 3e 21Section 3e. 60.61 (5) (a) of the statutes is renumbered 60.61 (5) (am).
AB597-AA2, s. 3k 22Section 3k. 60.61 (5) (ab) of the statutes is created to read:
AB597-AA2,4,223 60.61 (5) (ab) In this subsection "nonconforming use" means a use of land, a
24dwelling, or a building that existed lawfully before the current zoning ordinance was

1enacted or amended, but that does not conform with the use restrictions in the
2current ordinance.
AB597-AA2, s. 3m 3Section 3m. 60.61 (5) (e) 1. of the statutes is amended to read:
AB597-AA2,4,94 60.61 (5) (e) 1. In this paragraph, "amortization ordinance" means an
5ordinance that allows the continuance of the lawful use of a nonconforming building,
6premises, structure, or fixture that may be lawfully used as described under par. (a)
7(am), but only for a specified period of time, after which the lawful use of such
8building, premises, structure, or fixture must be discontinued without the payment
9of just compensation.
AB597-AA2, s. 3n 10Section 3n. 60.61 (5) (e) 2. of the statutes is amended to read:
AB597-AA2,4,1311 60.61 (5) (e) 2. Subject to par. (a) (am), an ordinance enacted under this section
12may not require the removal of a nonconforming building, premises, structure, or
13fixture by an amortization ordinance.".
AB597-AA2,4,15 1418. Page 4, line 21: delete "Dimensional requirements" and substitute
15"Development regulations".
AB597-AA2,4,16 1619. Page 4, line 25: after "enacted" insert "or amended".
AB597-AA2,4,18 1720. Page 5, line 1: delete "dimensional requirements" and substitute
18"development regulations".
AB597-AA2,4,19 1921. Page 5, line 1: delete "ordinance" and substitute "ordinance.".
AB597-AA2,4,20 2022. Page 5, line 2: delete lines 2 and 3.
AB597-AA2,4,21 2123. Page 5, line 5: delete "reconstruction,".
AB597-AA2,4,23 2224. Page 5, line 6: delete lines 6 and 7 and substitute: "nonconforming
23structure.".
AB597-AA2,5,1
125. Page 5, line 7: after that line insert:
AB597-AA2,5,2 2" Section 4m. 62.23 (7) (a) of the statutes is renumbered 62.23 (7) (am).
AB597-AA2, s. 4p 3Section 4p. 62.23 (7) (ab) of the statutes is created to read:
AB597-AA2,5,74 62.23 (7) (ab) Definition. In this subsection "nonconforming use" means a use
5of land, a dwelling, or a building that existed lawfully before the current zoning
6ordinance was enacted or amended, but that does not conform with the use
7restrictions in the current ordinance.".
AB597-AA2,5,9 826. Page 5, line 11: delete "Dimensional requirements" and substitute
9"Development regulations".
AB597-AA2,5,10 1027. Page 5, line 15: after "enacted" insert "or amended".
AB597-AA2,5,12 1128. Page 5, line 16: delete "dimensional requirements" and substitute
12"development regulations".
AB597-AA2,5,13 1329. Page 5, line 16: delete "ordinance" and substitute "ordinance.".
AB597-AA2,5,14 1430. Page 5, line 17: delete lines 17 and 18.
AB597-AA2,5,15 1531. Page 5, line 20: delete "reconstruction,".
AB597-AA2,5,17 1632. Page 5, line 21: delete lines 21 and 22 and substitute: "nonconforming
17structure.".
AB597-AA2,5,18 1833. Page 5, line 22: after that line insert:
AB597-AA2,5,19 19" Section 6m. 62.23 (7a) (intro.) of the statutes is amended to read:
AB597-AA2,6,220 62.23 (7a) Extraterritorial zoning. (intro.) The governing body of any city
21which has created a city plan commission under sub. (1) and has adopted a zoning
22ordinance under sub. (7) may exercise extraterritorial zoning power as set forth in
23this subsection. Insofar as applicable sub. (7) (a) (am), (b), (c), (ea), (h) and (i) shall

1apply to extraterritorial zoning ordinances enacted under this subsection. This
2subsection shall also apply to the governing body of any village.
AB597-AA2, s. 6s 3Section 6s. 92.15 (5) of the statutes is amended to read:
AB597-AA2,6,104 92.15 (5) Any livestock operation that exists on October 14, 1997, and that is
5required to obtain a permit under s. 283.31 or that receives a notice of discharge
6under ch. 283 may continue to operate as a livestock operation at the same location
7notwithstanding s. 59.69 (10) (a) (am) or 62.23 (7) (h) or any zoning ordinance enacted
8under s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7), if the livestock operation is a lawful
9use or a legal nonconforming use under any zoning ordinance enacted under s. 59.69,
1060.61, 60.62, 61.35 or 62.23 (7) on October 14, 1997.".
Loading...
Loading...