2013 - 2014 LEGISLATURE
October 4, 2013 - Introduced by Representatives Kleefisch, T. Larson, Schraa and
Ohnstad. Referred to Committee on Housing and Real Estate.
AB410,1,2 1An Act to create 62.23 (7) (ham) of the statutes; relating to: nonconforming
2uses and manufactured home communities.
Analysis by the Legislative Reference Bureau
Under current law, cities, villages, certain towns (municipalities), and counties
are authorized to enact zoning ordinances that regulate and restrict the height,
number of stories, and size of buildings and other structures, the percentage of lot
that may be occupied, the size of yards and other open spaces, the density of
population, and the location and use of buildings, structures, and land for various
Also under current law, a zoning ordinance enacted by a municipality or county
generally may not prohibit the continued lawful use of any building, premises,
structure, or fixture for which the building, premises, structure, or fixture is used
when the ordinance takes effect. In cities, villages, towns exercising village powers,
and counties, the alteration or repair of, in excess of 50 percent of the assessed value,
any existing building, premises, structure, or fixture to carry on any prohibited use
within the district may be prohibited. Generally, if a nonconforming use of a
building, premises, structure, or fixture is discontinued for 12 months, any future
use of the building, premises, structure, or fixture must conform to the municipality's
or county's zoning ordinance.
Under this bill, in cities, villages, and towns exercising village powers, a
licensed manufactured home community that is a legal nonconforming use continues

to be a legal nonconforming use notwithstanding any replacement of homes or
infrastructure repairs or alterations to infrastructure within the community.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB410,1 1Section 1. 62.23 (7) (ham) of the statutes is created to read:
AB410,2,52 62.23 (7) (ham) Manufactured home communities. Notwithstanding par. (h),
3a manufactured home community licensed under s. 101.935 that is a legal
4nonconforming use continues to be a legal nonconforming use notwithstanding the
5occurrence of any of the following activities within the community:
AB410,2,66 1. Replacement of homes.
AB410,2,77 2. Infrastructure repairs.
AB410,2,88 3. Alteration to infrastructure.
AB410,2,99 (End)