Amendment SA1-SB472

LRBa2404/3

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2011 - 2012 LEGISLATURE

SENATE AMENDMENT 1, TO 2011 SENATE BILL 472

March 5, 2012 - Offered by Senator Lasee.

SB472-SA1,1,1 At the locations indicated, amend the bill as follows:

SB472-SA1,1,2 1. Page 2, line 1: before that line insert:

SB472-SA1,1,3 " Section 1e. 59.69 (10) (a) of the statutes is renumbered 59.69 (10) (am).

SB472-SA1, s. 1g Section 1g. 59.69 (10) (ab) of the statutes is created to read:

SB472-SA1,1,8 59.69 (10) (ab) In this subsection "nonconforming use" means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

SB472-SA1, s. 1h Section 1h. 59.69 (10) (e) 1. of the statutes is amended to read:

SB472-SA1,2,2 59.69 (10) (e) 1. In this paragraph, "amortization ordinance" means an ordinance that allows the continuance of the lawful use of a nonconforming building, premises, structure, or fixture that may be lawfully used as described under par. (a) (am) but only for a specified period of time, after which the lawful use of such building, premises, structure, or fixture must be discontinued without the payment of just compensation.

SB472-SA1, s. 1i Section 1i. 59.69 (10) (e) 2. of the statutes is amended to read:

SB472-SA1,2,6 59.69 (10) (e) 2. Subject to par. (a) (am), an ordinance enacted under this section may not require the removal of a nonconforming building, premises, structure, or fixture by an amortization ordinance.".

SB472-SA1,2,7 2. Page 2, line 1: delete " Section 1" and substitute "Section 1j".

SB472-SA1,2,9 3. Page 3, line 1: delete "Dimensional requirements" and substitute "Development regulations".

SB472-SA1,2,10 4. Page 3, line 5: after "enacted" insert "or amended".

SB472-SA1,2,12 5. Page 3, line 6: delete "dimensional requirements" and substitute "development regulations".

SB472-SA1,2,13 6. Page 3, line 6: delete "ordinance" and substitute "ordinance.".

SB472-SA1,2,14 7. Page 3, line 7: delete lines 7 and 8.

SB472-SA1,2,15 8. Page 3, line 10: delete "reconstruction,".

SB472-SA1,2,17 9. Page 3, line 11: delete lines 11 and 12 and substitute "nonconforming structure.".

SB472-SA1,2,18 10. Page 3, line 13: delete lines 13 to 25.

SB472-SA1,2,19 11. Page 4, line 2: delete lines 2 to 6 and substitute:

SB472-SA1,2,20 "59.692 (2m) (a) In this subsection:

SB472-SA1,2,23 1. "Development regulations" means the part of a shoreland zoning ordinance enacted under this section that applies to elements including setback, height, lot coverage, and side yard.

SB472-SA1,3,4 2. "Nonconforming structure" means a dwelling or other building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current shoreland zoning ordinance.".

SB472-SA1,3,6 12. Page 4, line 8: delete "regulates the use," and substitute "does any of the following:".

SB472-SA1,3,7 13. Page 4, line 8: before "location" insert:

SB472-SA1,3,8 "1. Regulates the".

SB472-SA1,3,9 14. Page 4, line 11: after that line insert:

SB472-SA1,3,12 "2. Regulates the construction of a structure or building on a substandard lot if that provision is more restrictive than the shoreland zoning standards for substandard lots promulgated by the department under this section.".

SB472-SA1,3,14 15. Page 4, line 14: delete "regulates the use," and substitute "does any of the following:".

SB472-SA1,3,15 16. Page 4, line 14: before "location" insert:

SB472-SA1,3,16 "1. Regulates the".

SB472-SA1,3,17 17. Page 4, line 17: after that line insert:

SB472-SA1,3,20 "2. Regulates the construction of a structure or building on a substandard lot if that provision is more restrictive than the shoreland zoning standards for substandard lots promulgated by the department by rule under this section.

SB472-SA1, s. 3e Section 3e. 60.61 (5) (a) of the statutes is renumbered 60.61 (5) (am).

SB472-SA1, s. 3k Section 3k. 60.61 (5) (ab) of the statutes is created to read:

SB472-SA1,4,2 60.61 (5) (ab) In this subsection "nonconforming use" means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

SB472-SA1, s. 3m Section 3m. 60.61 (5) (e) 1. of the statutes is amended to read:

SB472-SA1,4,9 60.61 (5) (e) 1. In this paragraph, "amortization ordinance" means an ordinance that allows the continuance of the lawful use of a nonconforming building, premises, structure, or fixture that may be lawfully used as described under par. (a) (am), but only for a specified period of time, after which the lawful use of such building, premises, structure, or fixture must be discontinued without the payment of just compensation.

SB472-SA1, s. 3n Section 3n. 60.61 (5) (e) 2. of the statutes is amended to read:

SB472-SA1,4,13 60.61 (5) (e) 2. Subject to par. (a) (am), an ordinance enacted under this section may not require the removal of a nonconforming building, premises, structure, or fixture by an amortization ordinance.".

SB472-SA1,4,15 18. Page 4, line 21: delete "Dimensional requirements" and substitute "Development regulations".

SB472-SA1,4,16 19. Page 4, line 25: after "enacted" insert "or amended".

SB472-SA1,4,18 20. Page 5, line 1: delete "dimensional requirements" and substitute "development regulations".

SB472-SA1,4,19 21. Page 5, line 1: delete "ordinance" and substitute "ordinance.".

SB472-SA1,4,20 22. Page 5, line 2: delete lines 2 and 3.

SB472-SA1,4,21 23. Page 5, line 5: delete "reconstruction,".

SB472-SA1,4,23 24. Page 5, line 6: delete lines 6 and 7 and substitute: "nonconforming structure.".

SB472-SA1,5,1 25. Page 5, line 7: after that line insert:

SB472-SA1,5,2 " Section 4m. 62.23 (7) (a) of the statutes is renumbered 62.23 (7) (am).

SB472-SA1, s. 4p Section 4p. 62.23 (7) (ab) of the statutes is created to read:

SB472-SA1,5,7 62.23 (7) (ab) Definition. In this subsection "nonconforming use" means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.".

SB472-SA1,5,9 26. Page 5, line 11: delete "Dimensional requirements" and substitute "Development regulations".

SB472-SA1,5,10 27. Page 5, line 15: after "enacted" insert "or amended".

SB472-SA1,5,12 28. Page 5, line 16: delete "dimensional requirements" and substitute "development regulations".