Amendment ASA1-AB479

AB479-ASA1,14,16 62.23 (7) (e) 7. a. In this subdivision, “area variance” means a modification to a dimensional, physical, or locational requirement such as a setback, frontage, height, bulk, or density restriction for a structure that is granted by the board of appeals under this paragraph. In this subdivision, “use variance” means an authorization by the board of appeals under this paragraph for the use of land for a purpose that is otherwise not allowed or is prohibited by the applicable zoning ordinance.

AB479-ASA1,19 Section 19. 62.23 (7) (e) 7. d. of the statutes is created to read:

AB479-ASA1,15,3 62.23 (7) (e) 7. d. A property owner bears the burden of proving “unnecessary hardship," as that term is used in this subdivision, for an area variance, by demonstrating that strict compliance with a zoning ordinance would unreasonably prevent the property owner from using the property owner's property for a permitted purpose or would render conformity with the zoning ordinance unnecessarily burdensome or, for a use variance, by demonstrating that strict compliance with a zoning ordinance would leave the property owner with no reasonable use of the property in the absence of a variance. In all circumstances, a property owner bears the burden of proving that the unnecessary hardship is based on conditions unique to the property, rather than considerations personal to the property owner, and that the unnecessary hardship was not created by the property owner.

AB479-ASA1,20 Section 20. 62.23 (7) (hb) (title) of the statutes is amended to read:

AB479-ASA1,15,6 62.23 (7) (hb) (title) Repair, rebuilding, and maintenance of certain nonconforming structures.

AB479-ASA1,21 Section 21. 62.23 (7) (hb) 1. a. of the statutes is amended to read:

AB479-ASA1,15,10 62.23 (7) (hb) 1. a. “Development regulations" means the part of a zoning ordinance enacted under this subsection that applies to elements including setback, height, lot coverage, and side yard.

AB479-ASA1,22 Section 22. 62.23 (7) (hb) 2. of the statutes is amended to read:

AB479-ASA1,15,14 62.23 (7) (hb) 2. An ordinance enacted under this subsection may not prohibit, or limit based on cost, the repair, maintenance, renovation, or remodeling of a nonconforming structure.

AB479-ASA1,23 Section 23. 66.10015 (1) (e) of the statutes is created to read:

AB479-ASA1,15,18 66.10015 (1) (e) “Substandard lot” means a legally created lot or parcel that met any applicable lot size requirements when it was created, but does not meet current lot size requirements.

AB479-ASA1,24 Section 24. 66.10015 (2) (e) of the statutes is created to read:

AB479-ASA1,15,23 66.10015 (2) (e) Notwithstanding any other law or rule, or any action or proceeding under the common law, no political subdivision may enact or enforce an ordinance or take any other action that prohibits a property owner from doing any of the following:

AB479-ASA1,15,24 1. Conveying an ownership interest in a substandard lot.

AB479-ASA1,15,25 2. Using a substandard lot as a building site if all of the following apply:

AB479-ASA1,16,2 a. The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel.

AB479-ASA1,16,4 b. The substandard lot or parcel is developed to comply with all other ordinances of the political subdivision.

AB479-ASA1,25 Section 25 . 66.10015 (4) of the statutes is created to read:

AB479-ASA1,16,9 66.10015 (4) Notwithstanding the authority granted under ss. 59.69, 60.61, 60.62, 61.35, and 62.23, no political subdivision may enact or enforce an ordinance or take any other action that requires one or more lots to be merged with another lot, for any purpose, without the consent of the owners of the lots that are to be merged.

AB479-ASA1,26 Section 26 . 227.10 (2p) of the statutes is created to read:

AB479-ASA1,16,13 227.10 (2p) No agency may promulgate a rule or take any other action that requires one or more lots to be merged with another lot, for any purpose, without the consent of the owners of the lots that are to be merged.

AB479-ASA1,27 Section 27. 710.17 of the statutes is created to read:

AB479-ASA1,16,16 710.17 Right to display the flag of the United States. (1) Definitions. In this section:

AB479-ASA1,16,20 (a) “Housing cooperative” means a cooperative incorporated under ch. 185 or organized under ch. 193 that owns residential property that is used or intended to be used, in whole or in part, by the members of the housing cooperative as their homes or residences.

AB479-ASA1,16,23 (b) “Member of a homeowners' association” means a person that owns residential property within a subdivision, development, or other similar area that is subject to any policy or restriction adopted by a homeowners' association.

AB479-ASA1,17,3 (c) “Member of a housing cooperative” means a member, as defined in s. 185.01 (5) or 193.005 (15), of a housing cooperative if the member uses or intends to use part of the property of the housing cooperative as the member's home or residence.

AB479-ASA1,17,9 (2) Right to display the flag of the United States. (a) Except as provided in sub. (3), a homeowners' association may not adopt or enforce a covenant, condition, or restriction, or enter into an agreement, that restricts or prevents a member of the homeowners' association from displaying the flag of the United States on property in which the member has an ownership interest and that is subject to any policy or restriction adopted by the homeowners' association.

AB479-ASA1,17,14 (b) Except as provided in sub. (3), a housing cooperative may not adopt or enforce a covenant, condition, or restriction, or enter into an agreement, that restricts or prevents a member of the housing cooperative from displaying the flag of the United States on property of the housing cooperative to which the member has a right to exclusive possession or use.

AB479-ASA1,17,17 (3) Exceptions. A homeowners' association or housing cooperative may adopt and enforce a covenant, condition, or restriction, or enter into an agreement, that does any of the following:

AB479-ASA1,17,19 (a) Requires that any display of the flag of the United States must conform with a rule or custom for proper display and use of the flag set forth in 4 USC 5 to 10.

AB479-ASA1,17,22 (b) Provides a reasonable restriction on the time, place, or manner of displaying the flag of the United States that is necessary to protect a substantial interest of the homeowners' association or housing cooperative.

AB479-ASA1,28 Section 28. Initial applicability.

AB479-ASA1,18,2 (1) Right to display the flag of the United States. The treatment of section 710.17 of the statutes first applies to a covenant, condition, or restriction that is adopted, renewed, or modified, or to an agreement that is entered into, renewed, or modified, on the effective date of this subsection.

AB479-ASA1,18,5 (2) Conditional use permits. The treatment of sections 59.69 (5e), 60.61 (4e), 60.62 (4e), and 62.23 (7) (de) of the statutes first applies to an application for a conditional use permit that is filed on the effective date of this subsection.

AB479-ASA1,18,6 (End)