SB387-SSA1,6,2525 3. It has no public access.
SB387-SSA1,7,1
14. It is entirely surrounded by land privately owned by the same person.
SB387-SSA1,7 2Section 7. 59.692 (1) (b) (intro.) of the statutes is amended to read:
SB387-SSA1,7,53 59.692 (1) (b) (intro.) “Shorelands" means the area within the following
4distances from the ordinary high-water mark of navigable waters , as defined under
5s. 281.31 (2) (d)
:
SB387-SSA1,8 6Section 8. 59.694 (7) (c) of the statutes is renumbered 59.694 (7) (c) 2. and
7amended to read:
SB387-SSA1,7,128 59.694 (7) (c) 2. To authorize upon appeal in specific cases variances from the
9terms of the ordinance that will not be contrary to the public interest, where, owing
10to special conditions, a literal enforcement of the provisions of the ordinance will
11result in unnecessary hardship, and so that the spirit of the ordinance shall be
12observed and substantial justice done.
SB387-SSA1,7,22 134. A county board may enact an ordinance specifying an expiration date for a
14variance granted under this paragraph if that date relates to a specific date by which
15the action authorized by the variance must be commenced or completed. If no such
16ordinance is in effect at the time a variance is granted, or if the board of adjustment
17does not specify an expiration date for the variance, a variance granted under this
18paragraph does not expire unless, at the time it is granted, the board of adjustment
19specifies in the variance a specific date by which the action authorized by the
20variance must be commenced or completed. An ordinance enacted after April 5,
212012, may not specify an expiration date for a variance that was granted before April
225, 2012.
SB387-SSA1,7,23 235. A variance granted under this paragraph runs with the land.
SB387-SSA1,9 24Section 9 . 59.694 (7) (c) 1. of the statutes is created to read:
SB387-SSA1,7,2525 59.694 (7) (c) 1. In this paragraph:
SB387-SSA1,8,4
1a. “Area variance” means a modification to a dimensional, physical, or
2locational requirement such as the setback, frontage, height, bulk, or density
3restriction for a structure that is granted by the board of adjustment under this
4subsection.
SB387-SSA1,8,75 b. “Use variance” means an authorization by the board of adjustment under
6this subsection for the use of land for a purpose that is otherwise not allowed or is
7prohibited by the applicable zoning ordinance.
SB387-SSA1,10 8Section 10. 59.694 (7) (c) 3. of the statutes is created to read:
SB387-SSA1,8,199 59.694 (7) (c) 3. A property owner bears the burden of proving “unnecessary
10hardship," as that term is used in this paragraph, for an area variance, by
11demonstrating that strict compliance with a zoning ordinance would unreasonably
12prevent the property owner from using the property owner's property for a permitted
13purpose or would render conformity with the zoning ordinance unnecessarily
14burdensome or, for a use variance, by demonstrating that strict compliance with the
15zoning ordinance would leave the property owner with no reasonable use of the
16property in the absence of a variance. In all circumstances, a property owner bears
17the burden of proving that the unnecessary hardship is based on conditions unique
18to the property, rather than considerations personal to the property owner, and that
19the unnecessary hardship was not created by the property owner.
SB387-SSA1,11 20Section 11 . 60.61 (4e) of the statutes is created to read:
SB387-SSA1,8,2121 60.61 (4e) Conditional use permits. (a) In this subsection:
SB387-SSA1,8,2422 1. “Conditional use” means a use allowed under a conditional use permit,
23special exception, or other special zoning permission issued by a town, but does not
24include a variance.
SB387-SSA1,9,4
12. “Substantial evidence” means facts and information, other than merely
2personal preferences or speculation, directly pertaining to the requirements and
3conditions an applicant must meet to obtain a conditional use permit and that
4reasonable persons would accept in support of a conclusion.
SB387-SSA1,9,95 (b) 1. If an applicant for a conditional use permit meets or agrees to meet all
6of the requirements and conditions specified in the town ordinance or those imposed
7by the town zoning board, the town shall grant the conditional use permit. Any
8condition imposed must be related to the purpose of the ordinance and be based on
9substantial evidence.
SB387-SSA1,9,1610 2. The requirements and conditions described under subd. 1. must be
11reasonable and, to the extent practicable, measurable and may include conditions
12such as the permit's duration, transfer, or renewal. The applicant must demonstrate
13that the application and all requirements and conditions established by the town
14relating to the conditional use are or shall be satisfied, both of which must be
15supported by substantial evidence. The town's decision to approve or deny the permit
16must be supported by substantial evidence.
SB387-SSA1,9,1917 (c) Upon receipt of a conditional use permit application, and following
18publication in the town of a class 2 notice under ch. 985, the town shall hold a public
19hearing on the application.
SB387-SSA1,9,2320 (d) Once granted, a conditional use permit shall remain in effect as long as the
21conditions upon which the permit was issued are followed, but the town may impose
22conditions such as the permit's duration, transfer, or renewal, in addition to any
23other conditions specified in the zoning ordinance or by the town zoning board.
SB387-SSA1,10,3
1(e) If a town denies a person's conditional use permit application, the person
2may appeal the decision to the circuit court under the procedures described in s.
359.694 (10).
SB387-SSA1,12 4Section 12. 60.61 (5e) (title) of the statutes is amended to read:
SB387-SSA1,10,65 60.61 (5e) (title) Repair, rebuilding, and maintenance of certain
6nonconforming structures.
SB387-SSA1,13 7Section 13. 60.61 (5e) (a) 1. of the statutes is amended to read:
SB387-SSA1,10,108 60.61 (5e) (a) 1. “Development regulations" means the part of a zoning
9ordinance enacted under this section that applies to elements including setback,
10height, lot coverage, and side yard.
SB387-SSA1,14 11Section 14. 60.61 (5e) (b) of the statutes is amended to read:
SB387-SSA1,10,1512 60.61 (5e) (b) An ordinance enacted under this section may not prohibit, or
13limit based on cost, or require a variance for the repair, maintenance, renovation,
14rebuilding, or remodeling of a nonconforming structure or any part of a
15nonconforming structure
.
SB387-SSA1,15 16Section 15 . 60.62 (4e) of the statutes is created to read:
SB387-SSA1,10,1717 60.62 (4e) (a) In this subsection:
SB387-SSA1,10,2018 1. “Conditional use” means a use allowed under a conditional use permit,
19special exception, or other special zoning permission issued by a town, but does not
20include a variance.
SB387-SSA1,10,2421 2. “Substantial evidence” means facts and information, other than merely
22personal preferences or speculation, directly pertaining to the requirements and
23conditions an applicant must meet to obtain a conditional use permit and that
24reasonable persons would accept in support of a conclusion.
SB387-SSA1,11,5
1(b) 1. If an applicant for a conditional use permit meets or agrees to meet all
2of the requirements and conditions specified in the town ordinance or those imposed
3by the town zoning board, the town shall grant the conditional use permit. Any
4condition imposed must be related to the purpose of the ordinance and be based on
5substantial evidence.
SB387-SSA1,11,126 2. The requirements and conditions described under subd. 1. must be
7reasonable and, to the extent practicable, measurable and may include conditions
8such as the permit's duration, transfer, or renewal. The applicant must demonstrate
9that the application and all requirements and conditions established by the town
10relating to the conditional use are or shall be satisfied, both of which must be
11supported by substantial evidence. The town's decision to approve or deny the permit
12must be supported by substantial evidence.
SB387-SSA1,11,1513 (c) Upon receipt of a conditional use permit application, and following
14publication in the town of a class 2 notice under ch. 985, the town shall hold a public
15hearing on the application.
SB387-SSA1,11,1916 (d) Once granted, a conditional use permit shall remain in effect as long as the
17conditions upon which the permit was issued are followed, but the town may impose
18conditions such as the permit's duration, transfer, or renewal, in addition to any
19other conditions specified in the zoning ordinance or by the town zoning board.
SB387-SSA1,11,2220 (e) If a town denies a person's conditional use permit application, the person
21may appeal the decision to the circuit court under the procedures described in s.
2261.35.
SB387-SSA1,16 23Section 16 . 62.23 (7) (de) of the statutes is created to read:
SB387-SSA1,11,2424 62.23 (7) (de) Conditional use permits. 1. In this paragraph:
SB387-SSA1,12,3
1a. “Conditional use” means a use allowed under a conditional use permit,
2special exception, or other special zoning permission issued by a city, but does not
3include a variance.
SB387-SSA1,12,74 b. “Substantial evidence” means facts and information, other than merely
5personal preferences or speculation, directly pertaining to the requirements and
6conditions an applicant must meet to obtain a conditional use permit and that
7reasonable persons would accept in support of a conclusion.
SB387-SSA1,12,128 2. a. If an applicant for a conditional use permit meets or agrees to meet all of
9the requirements and conditions specified in the city ordinance or those imposed by
10the city zoning board, the city shall grant the conditional use permit. Any condition
11imposed must be related to the purpose of the ordinance and be based on substantial
12evidence.
SB387-SSA1,12,1913 b. The requirements and conditions described under subd. 2. a. must be
14reasonable and, to the extent practicable, measurable and may include conditions
15such as the permit's duration, transfer, or renewal. The applicant must demonstrate
16that the application and all requirements and conditions established by the city
17relating to the conditional use are or shall be satisfied, both of which must be
18supported by substantial evidence. The city's decision to approve or deny the permit
19must be supported by substantial evidence.
SB387-SSA1,12,2220 3. Upon receipt of a conditional use permit application, and following
21publication in the city of a class 2 notice under ch. 985, the city shall hold a public
22hearing on the application.
SB387-SSA1,13,223 4. Once granted, a conditional use permit shall remain in effect as long as the
24conditions upon which the permit was issued are followed, but the city may impose

1conditions such as the permit's duration, transfer, or renewal, in addition to any
2other conditions specified in the zoning ordinance or by the city zoning board.
SB387-SSA1,13,43 5. If a city denies a person's conditional use permit application, the person may
4appeal the decision to the circuit court under the procedures contained in par. (e) 10.
SB387-SSA1,17 5Section 17. 62.23 (7) (e) 7. of the statutes is renumbered 62.23 (7) (e) 7. b. and
6amended to read:
SB387-SSA1,13,177 62.23 (7) (e) 7. b. The board of appeals shall have the following powers: To hear
8and decide appeals where it is alleged there is error in any order, requirement,
9decision, or determination made by an administrative official in the enforcement of
10this section or of any ordinance adopted pursuant thereto; to hear and decide special
11exception to the terms of the ordinance upon which such board is required to pass
12under such ordinance; to authorize upon appeal in specific cases such variance from
13the terms of the ordinance as will not be contrary to the public interest, where, owing
14to special conditions, a literal enforcement of the provisions of the ordinance will
15result in practical difficulty or unnecessary hardship, so that the spirit of the
16ordinance shall be observed, public safety and welfare secured, and substantial
17justice done.
SB387-SSA1,14,2 18e. The council of a city may enact an ordinance specifying an expiration date
19for a variance granted under this subdivision if that date relates to a specific date by
20which the action authorized by the variance must be commenced or completed. If no
21such ordinance is in effect at the time a variance is granted, or if the board of appeals
22does not specify an expiration date for the variance, a variance granted under this
23subdivision does not expire unless, at the time it is granted, the board of appeals
24specifies in the variance a specific date by which the action authorized by the
25variance must be commenced or completed. An ordinance enacted after April 5,

12012, may not specify an expiration date for a variance that was granted before April
25, 2012.
SB387-SSA1,14,3 3f. A variance granted under this subdivision runs with the land.
SB387-SSA1,14,8 4c. The board may permit in appropriate cases, and subject to appropriate
5conditions and safeguards in harmony with the general purpose and intent of the
6ordinance, a building or premises to be erected or used for such public utility
7purposes in any location which is reasonably necessary for the public convenience
8and welfare.
SB387-SSA1,18 9Section 18 . 62.23 (7) (e) 7. a. of the statutes is created to read:
SB387-SSA1,14,1610 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.
SB387-SSA1,19 17Section 19. 62.23 (7) (e) 7. d. of the statutes is created to read:
SB387-SSA1,15,318 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.
SB387-SSA1,20 4Section 20. 62.23 (7) (hb) (title) of the statutes is amended to read:
SB387-SSA1,15,65 62.23 (7) (hb) (title) Repair, rebuilding, and maintenance of certain
6nonconforming structures.
SB387-SSA1,21 7Section 21. 62.23 (7) (hb) 1. a. of the statutes is amended to read:
SB387-SSA1,15,108 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.
SB387-SSA1,22 11Section 22. 62.23 (7) (hb) 2. of the statutes is amended to read:
SB387-SSA1,15,1412 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.
SB387-SSA1,23 15Section 23. 66.10015 (1) (e) of the statutes is created to read:
SB387-SSA1,15,1816 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.
SB387-SSA1,24 19Section 24. 66.10015 (2) (e) of the statutes is created to read:
SB387-SSA1,15,2320 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:
SB387-SSA1,15,2424 1. Conveying an ownership interest in a substandard lot.
SB387-SSA1,15,2525 2. Using a substandard lot as a building site if all of the following apply:
SB387-SSA1,16,2
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.
SB387-SSA1,16,43 b. The substandard lot or parcel is developed to comply with all other
4ordinances of the political subdivision.
SB387-SSA1,25 5Section 25 . 66.10015 (4) of the statutes is created to read:
SB387-SSA1,16,96 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.
SB387-SSA1,26 10Section 26 . 227.10 (2p) of the statutes is created to read:
SB387-SSA1,16,1311 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.
SB387-SSA1,27 14Section 27. 710.17 of the statutes is created to read:
SB387-SSA1,16,16 15710.17 Right to display the flag of the United States. (1) Definitions.
16In this section:
SB387-SSA1,16,2017 (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.
SB387-SSA1,16,2321 (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.
SB387-SSA1,17,3
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.
SB387-SSA1,17,9 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.
SB387-SSA1,17,1410 (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.
SB387-SSA1,17,17 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:
SB387-SSA1,17,1918 (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.
SB387-SSA1,17,2220 (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.
SB387-SSA1,28 23Section 28. Initial applicability.
SB387-SSA1,18,224 (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.
SB387-SSA1,18,53 (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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