SB387,26 13Section 26. 62.23 (7) (hb) 1. a. of the statutes is amended to read:
SB387,18,1614 62.23 (7) (hb) 1. a. “Development regulations" means the part of a zoning
15ordinance enacted under this subsection that applies to elements including setback,
16height, lot coverage, and side yard.
SB387,27 17Section 27. 62.23 (7) (hb) 2. of the statutes is amended to read:
SB387,18,2018 62.23 (7) (hb) 2. An ordinance enacted under this subsection may not prohibit,
19or limit based on cost, the repair, maintenance, renovation, or remodeling of a
20nonconforming structure.
SB387,28 21Section 28. 66.10015 (1) (e) of the statutes is created to read:
SB387,18,2422 66.10015 (1) (e) “Substandard lot” means a legally created lot or parcel that met
23any applicable lot size requirements when it was created, but does not meet current
24lot size requirements.
SB387,29 25Section 29. 66.10015 (2) (e) of the statutes is created to read:
SB387,19,3
166.10015 (2) (e) Notwithstanding any other law or rule, or any action or
2proceeding under the common law, a political subdivision may not prohibit a
3property owner from doing any of the following:
SB387,19,44 1. Conveying an ownership interest in a substandard lot.
SB387,19,55 2. Using a substandard lot as a building site if all of the following apply:
SB387,19,76 a. The substandard lot or parcel has never been developed with one or more of
7its structures placed partly upon an adjacent lot or parcel.
SB387,19,98 b. The substandard lot or parcel is developed to comply with all other
9ordinances of the political subdivision.
SB387,30 10Section 30. 66.10015 (4) of the statutes is created to read:
SB387,19,1411 66.10015 (4) Notwithstanding the authority granted under ss. 59.69, 60.61,
1260.62, 61.35, and 62.23, no political subdivision may enact an ordinance or take any
13other action that requires one or more lots to be merged with another lot, for any
14purpose, without the consent of the owners of the lots that are to be merged.
SB387,31 15Section 31. 227.10 (2p) of the statutes is created to read:
SB387,19,1816 227.10 (2p) No agency may promulgate a rule or take any other action that
17requires one or more lots to be merged with another lot, for any purpose, without the
18consent of the owners of the lots that are to be merged.
SB387,32 19Section 32. 710.17 of the statutes is created to read:
SB387,19,21 20710.17 Right to display the flag of the United States. (1) Definitions.
21In this section:
SB387,19,2522 (a) “Housing cooperative” means a cooperative incorporated under ch. 185 or
23organized under ch. 193 that owns residential property that is used or intended to
24be used, in whole or in part, by the members of the housing cooperative as their
25homes or residences.
SB387,20,3
1(b) “Member of a homeowners' association” means a person that owns
2residential property within a subdivision, development, or other similar area that is
3subject to any policy or restriction adopted by a homeowners' association.
SB387,20,64 (c) “Member of a housing cooperative” means a member, as defined in s. 185.01
5(5) or 193.005 (15), of a housing cooperative if the member uses or intends to use part
6of the property of the housing cooperative as the member's home or residence.
SB387,20,12 7(2) Right to display the flag of the United States. (a) Except as provided
8in sub. (3), a homeowners' association may not adopt or enforce a covenant, condition,
9or restriction, or enter into an agreement, that restricts or prevents a member of the
10homeowners' association from displaying the flag of the United States on property
11in which the member has an ownership interest and that is subject to any policy or
12restriction adopted by the homeowners' association.
SB387,20,1713 (b) Except as provided in sub. (3), a housing cooperative may not adopt or
14enforce a covenant, condition, or restriction, or enter into an agreement, that
15restricts or prevents a member of the housing cooperative from displaying the flag
16of the United States on property of the housing cooperative to which the member has
17a right to exclusive possession or use.
SB387,20,20 18(3) Exceptions. A homeowners' association or housing cooperative may adopt
19and enforce a covenant, condition, or restriction, or enter into an agreement, that
20does any of the following:
SB387,20,2221 (a) Requires that any display of the flag of the United States must conform with
22a rule or custom for proper display and use of the flag set forth in 4 USC 5 to 10.
SB387,20,2523 (b) Provides a reasonable restriction on the time, place, or manner of displaying
24the flag of the United States that is necessary to protect a substantial interest of the
25homeowners' association or housing cooperative.
SB387,33
1Section 33. Initial applicability.
SB387,21,52 (1) Right to display the flag of the United States. The treatment of section
3710.17 of the statutes first applies to a covenant, condition, or restriction that is
4adopted, renewed, or modified, or to an agreement that is entered into, renewed, or
5modified, on the effective date of this subsection.
SB387,21,86 (2) Conditional use permits. The treatment of sections 59.69 (5e), 60.61 (4e),
760.62 (4e), and 62.23 (7) (de) of the statutes first applies to an application for a
8conditional use permit that is filed on the effective date of this subsection.
SB387,21,119 (3) Inverse condemnation. The renumbering and amendment of section 32.10
10of the statutes and the creation of section 32.10 (1) and (5) of the statutes first apply
11to takings that occur on the effective date of this subsection.
SB387,21,1212 (End)
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