(8) Exchange of tax deeded lands. When any a county acquires lands by tax deeds, the county board may exchange any such lands for other lands in the county for the purpose of promoting the regulation and restriction of agricultural and forestry lands and may exchange such lands for other lands for the purpose of creating a park or recreational area.
(9) (title) Zoning of county owned county-owned lands. (a) The county board may by ordinance zone and rezone any lands owned by the county without necessity of securing the approval of the town boards of the towns wherein such the lands are situated and without following the procedure outlined in sub. (5), provided that the county board shall give written notice to the town board of the town wherein such the lands are situated of its intent to so rezone and shall hold a public hearing on the proposed rezoning ordinance and give notice of such
the hearing by posting in 5 public places in the town.
(b) This subsection does not apply to land that is subject to a town zoning ordinance which is purchased by the county for use as a solid or hazardous waste disposal facility or hazardous waste storage or treatment facility, as these terms are defined under s. 144.43.
(10) Nonconforming uses. (a) An ordinance enacted under this section shall may not prohibit the continuance of the lawful use of any building or premises for any trade or industry for which such building or premises is used at the time such that the ordinances take effect, but the alteration of, or addition to, or repair in excess of 50% of its assessed value of any existing building or structure for the purpose of carrying on any prohibited trade or new industry within the district where such buildings or structures are located, may be prohibited. The continuance of the nonconforming use of a temporary structure may be prohibited. If such the nonconforming use is discontinued for a period of 12 months, any future use of the building and premises shall conform to the ordinance.
(b) 1. Except as provided under subd. 2., the county board shall designate an officer to administer the zoning ordinance, who may be the secretary of the zoning agency, a building inspector appointed under s. 59.07 (16) 59.698 or other appropriate person.
2. Notwithstanding subd. 1. and s. 59.07 (16)
59.698, in any a county with a county zoning agency and a county executive or county administrator, the county executive or county administrator shall appoint and supervise the head of the county zoning agency and the county building inspector, in separate or combined positions. The appointment is subject to confirmation by the county board unless the county board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63. The county board, by resolution or ordinance, may provide that, notwithstanding s. 17.10 (6), the head of the county zoning agency and the county building inspector, whether serving in a separate or combined position, if appointed under this subdivision, may not be removed from his or her position except for cause.
3. The officer designated under subd. 1. or 2. shall cause a record to be made immediately after the approval enactment of an ordinance or amendment thereto, or change in district boundary, approved by the town board, of all lands, premises and buildings in the town used for purposes not conforming to the regulations applicable to the district in which they are situated. Such
The record shall include the legal description of the lands, the nature and extent of the uses therein, and the names and addresses of the owner or occupant or both. Promptly on its completion such the record shall be published in the county as a class 1 notice, under ch. 985. Such The record, as corrected, shall be on file with the register of deeds 60 days after the last publication and shall be prima facie evidence of the extent and number of nonconforming uses existing on the effective date of the ordinance in the town. Corrections prior to before the filing of the record with the register of deeds may be made on the filing of sworn proof in writing, satisfactory to the officer administering the zoning ordinance.
(c) The county board shall prescribe a procedure for the annual listing of nonconforming uses, discontinued or created, since the previous listing and for all other nonconforming uses. Discontinued and newly created nonconforming uses shall be recorded with the register of deeds immediately after the annual listing.
(d) Paragraphs (b) and (c) shall not apply to those counties issuing building permits or occupancy permits as a means of enforcing the zoning ordinance or to counties which have provided other procedures for this purpose.
(11) Procedure for enforcement of county zoning ordinance. The county board shall prescribe
such rules and, regulations and administrative procedures, and provide such administrative personnel as it may deem considers necessary for the enforcement of the provisions of this section, and all ordinances enacted in pursuance thereof. Such The rules and regulations and the districts, setback building lines and regulations authorized by this section, shall be prescribed by ordinances which shall be declared to be for the purpose of promoting the public health, safety and the general welfare. Such The ordinances shall be enforced by appropriate fines and penalties forfeitures. Compliance with such ordinances may also be enforced by injunctional order at the suit of such the county or the an owner or owners of real estate within the district affected by such the regulation.
(12) Prior ordinances effective. Nothing in this section shall invalidate any county zoning ordinance adopted pursuant to enacted under statutes in effect prior to before July 20, 1951.
(13) Construction of section. The powers herein granted in this section shall be liberally construed in favor of the county exercising them, and this section shall not be construed to limit or repeal any powers now possessed by any such a county.
(14) Limitation of actions. A landowner, occupant or other person who is affected by a county zoning ordinance or amendment, who claims that the ordinance or amendment is invalid because procedures prescribed by the statutes or the ordinance were not followed, shall commence an action within the time provided by s. 893.73 (1), except this subsection and s. 893.73 (1) do not apply unless there has been at least one publication of a notice of a zoning hearing in a local newspaper of general circulation and unless there has been held a public hearing on the ordinance or amendment at the time and place specified in the notice.
(15) Community and other living arrangements. For purposes of this section, the location of a community living arrangement, as defined in s. 46.03 (22), a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1), in any city, village or town municipality, shall be subject to the following criteria:
(a) No community living arrangement may be established after March 28, 1978, within 2,500 feet, or any lesser distance established by an ordinance of a city, town or village municipality, of any other such facility. Agents of a facility may apply for an exception to this requirement, and such exceptions may be granted at the discretion of the local municipality. Two community living arrangements may be adjacent if the local municipality authorizes that arrangement and if both facilities comprise essential components of a single program.
(b) 1. Community living arrangements shall be permitted in each city, village or town municipality without restriction as to the number of facilities, so long as the total capacity of the community living arrangements does not exceed 25 or one percent 1% of the municipality's population, whichever is greater. When the capacity of the community living arrangements in the municipality reaches that total, the municipality may prohibit additional community living arrangements from locating in the municipality. In any city, village or town
municipality, when the capacity of community living arrangements in an aldermanic district in a city or a ward in a village or town reaches 25 or one percent 1% of the population, whichever is greater, of the district or ward, the municipality may prohibit additional community living arrangements from being located within the district or ward. Agents of a facility may apply for an exception to the requirements of this subdivision, and such exceptions may be granted at the discretion of the municipality.
2. No community living arrangement may be established after January 1, 1995, within 2,500 feet, or any lesser distance established by an ordinance of the city, village or town municipality, of any other such facility. Agents of a facility may apply for an exception to this requirement, and exceptions may be granted at the discretion of the city, village or town municipality. Two community living arrangements may be adjacent if the city, village or town municipality authorizes that arrangement and if both facilities comprise essential components of a single program.
(bm) A foster home or a treatment foster home that is the primary domicile of a foster parent or treatment foster parent and that is licensed under s. 48.62 or an adult family home certified under s. 50.032 (1m) (b) shall be a permitted use in all residential areas and is not subject to pars. (a) and (b) except that foster homes and treatment foster homes operated by corporations, child welfare agencies, churches religious associations, as defined in s. 157.061 (15), associations or public agencies shall be subject to pars. (a) and (b).
(br) 1. No adult family home described in s. 50.01 (1) (b) may be established within 2,500 feet, or any lesser distance established by an ordinance of the city, town or village municipality, of any other adult family home described in s. 50.01 (1) (b) or any community living arrangement. An agent of an adult family home described in s. 50.01 (1) (b) may apply for an exception to this requirement, and the exception may be granted at the discretion of the city municipality.
2. An adult family home described in s. 50.01 (1) (b) that meets the criteria specified in subd. 1. and that is licensed under s. 50.033 (1m) (b) is permitted in the city, town or village municipality without restriction as to the number of adult family homes and may locate in any residential zone, without being required to obtain special zoning permission except as provided in par. (i).
(c) In all cases where Where the community living arrangement has capacity for 8 or fewer persons being served by the program, meets the criteria listed in pars. (a) and (b), and is licensed, operated or permitted under the authority of the department of health and family services, that facility is entitled to locate in any residential zone, without being required to obtain special zoning permission except as provided in par. (i).
(d) In all cases where Where the community living arrangement has capacity for 9 to 15 persons being served by the program, meets the criteria listed in pars. (a) and (b), and is licensed, or operated or permitted under the authority of the department of health and family services, the facility is entitled to locate in any residential area except areas zoned exclusively for single-family or 2-family residences, except as provided in par. (i), but is entitled to apply for special zoning permission to locate in those areas. The local municipality may grant special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.
(e) In all cases where Where the community living arrangement has capacity for serving 16 or more persons, meets the criteria listed in pars. (a) and (b), and is licensed, operated or permitted under the authority of the department of health and family services, that facility is entitled to apply for special zoning permission to locate in areas zoned for residential use. The local municipality may grant special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.
(f) The department of health and family services shall designate a single subunit within the department to maintain appropriate records indicating the location and the capacity of each community living arrangement, and such the information shall be available to the public.
(g) In this subsection, “special zoning permission" includes, but is not limited to, the following: special exception, special permit, conditional use, zoning variance, conditional permit and words of similar intent.
(h) The attorney general shall take all necessary action, upon the request of the department of health and family services, to enforce compliance with this subsection.
(i) Not less than 11 months nor more than 13 months after the first licensure of an adult family home under s. 50.033 or of a community living arrangement and every year thereafter, the common council, town board or village or town board of a city, town or village municipality in which a licensed adult family home or a community living arrangement is located may make a determination as to the effect of the adult family home or community living arrangement on the health, safety or welfare of the residents of the city, town or village municipality. The determination shall be made according to the procedures provided under par. (j). If the common council, town board or village or town board determines that the existence in the city, town or village municipality of a licensed adult family home or a community living arrangement poses a threat to the health, safety or welfare of the residents of the city, town or village municipality, the common council, town board or village or town board may order the adult family home or community living arrangement to cease operation unless special zoning permission is obtained. The order is subject to judicial review under s. 68.13, except that a free copy of the transcript may not be provided to the licensed adult family home or community living arrangement. The licensed adult family home or community living arrangement shall cease operation within 90 days after the date of the order, or the date of final judicial review of the order, or the date of the denial of special zoning permission, whichever is later.
(im) The fact that an individual with acquired immunodeficiency syndrome or a positive test for the presence of HIV, as defined in s. 252.01 (1) (1m), antigen or nonantigenic products of HIV or an antibody to HIV resides in a community living arrangement with a capacity for 8 or fewer persons may not be used under par. (i) to assert or prove that the existence of the community living arrangement in the city, town or village municipality poses a threat to the health, safety or welfare of the residents of the city, town or village municipality.
(j) A determination under par. (i) shall be made after a hearing before the common council, town board or village or town board. The city, town or village municipality shall provide at least 30 days' notice to the licensed adult family home or the community living arrangement that such a hearing will be held. At the hearing, the licensed adult family home or the community living arrangement may be represented by counsel and may present evidence and call and examine witnesses and cross-examine other witnesses called. The common council, town board or village or town board may call witnesses and may issue subpoenas. All witnesses shall be sworn by the common council, town board or village board. The common council, town board or village
or town board shall take notes of the testimony and shall mark and preserve all exhibits. The common council, town board or village or town board may, and upon request of the licensed adult family home or the community living arrangement shall, cause the proceedings to be taken by a stenographer or by a recording device, the expense thereof to be paid by the city, town or village municipality. Within 20 days after the hearing, the common council, town board or village or town board shall mail or deliver to the licensed adult family home or the community living arrangement its written determination stating the reasons therefor. The determination shall be a final determination.
201,476
Section 476
. 59.971 of the statutes is renumbered 59.692, and 59.692 (1m), (2) (a) and (c), (3), (4), (5), (6) and (7) (a) (intro.) and 3., (ad) (intro.) and 3., (ag) and (c), as renumbered, are amended to read:
59.692 (1m) To effect the purposes of s. 144.26 and to promote the public health, safety and general welfare, each county shall zone by ordinance all shorelands in its unincorporated area. This ordinance may be enacted separately from ordinances enacted under s. 59.97
59.69.
(2) (a) Except as otherwise specified, all provisions of s. 59.97 59.69 apply to ordinances and their amendments enacted under this section whether or not enacted separately from ordinances enacted under s. 59.97
59.69, but the ordinances and amendments shall not require approval or be subject to disapproval by any town or town board.
(c) Ordinances that are enacted under this section shall accord and be consistent with any comprehensive zoning plan or general zoning ordinance applicable to the enacting counties, so far as practicable.
(3) All powers granted to a county under s. 236.45 may be exercised by it with respect to shorelands, but it the county must have or provide a planning agency as defined in s. 236.02 (3).
(4) (a) Section 66.30 applies to this section, except that for the purposes of this section any an agreement under s. 66.30 shall be effected by ordinance. If the municipalities as defined in s. 144.26 are served by a regional planning commission under s. 66.945, the commission may, with its consent, be empowered by the ordinance of agreement to administer each ordinance enacted hereunder throughout its enacting municipality, whether or not the area otherwise served by the commission includes all of that municipality.
(b) Variances and appeals regarding shorelands within a county are for the board of adjustment for that county under s. 59.99 59.694, and the procedures of that section apply.
(5) An ordinance enacted under this section supersedes all provisions of an ordinance enacted under s. 59.97 59.69 that relate to shorelands.
(6) If any a county does not enact an ordinance by January 1, 1968, or if the department, after notice and hearing, determines that a county has enacted an ordinance that fails to meet the shoreland zoning standards, the department shall adopt such an ordinance for the county. As far as possible, s. 87.30 shall apply to this subsection.
(7) (a) (intro.) Provisions of a county shoreland zoning ordinance that are enacted under this section that were applicable, prior to annexation, to any shoreland area annexed by a city or village after May 7, 1982, shall continue in effect and shall be enforced after annexation by the annexing city or village unless any of the following occurs:
3. After annexation, the city or village requests that the county shoreland zoning ordinance, as it applies to the annexed area, continue continues to be in effect and enforced by the county and the county agrees to enforce the ordinance.
(ad) (intro.) Provisions of a county shoreland zoning ordinance that are enacted under this section that were applicable, prior to incorporation, to any shoreland area that is part of a town that incorporates as a city or village under s. 66.012, 66.014, 66.018 or 66.019 after April 30, 1994, shall continue in effect and shall be enforced after incorporation by the incorporated city or village unless any of the following occurs:
3. After incorporation, the city or village requests that the county shoreland zoning ordinance, as it applies to the incorporated area, continue continues to be in effect and enforced by the county and the county agrees to enforce the ordinance.
(ag) For purposes of pars. (a) 2. and (ad) 2., the types of provisions that may be deleted or modified are those that establish specified land uses or requirements that are associated with those uses and that are not necessary to effect the purposes of s. 144.26 (1) that relate to the protection of navigable waters.
(c) If the department determines that an amendment enacted by a county under par. (a) 2. or (ad) 2. does not meet the shoreland zoning standards, the department, after providing notice and conducting a hearing on the matter, shall issue an order declaring the amendment void and shall reinstate the applicability of the county shoreland zoning ordinance, that was in effect prior to
before amending the ordinance, to the annexed or incorporated area.
201,477
Section 477
. 59.972 of the statutes is renumbered 59.695 and amended to read:
59.695 Zoning of shorelands for Trenton island in Pierce county. (1) An ordinance enacted under s. 59.971 59.692 that applies to Trenton island in Pierce county may not limit the cost of any reconstruction, alteration or repair of, or addition to, any structure on the island that does not conform with the ordinance, except as provided in sub. (2).
(2) (a) For a structure not covered under par. (b), an ordinance enacted under s. 59.971 59.692 may require that the cost of an alteration or repair of, or an addition to, a structure that does not conform with the ordinance may not exceed 50% of the structure's market value on the date on which the alteration, repair or addition begins.
(b) For structures that have been destroyed or that have been so severely damaged that they cannot be repaired, and that did not conform with the ordinance enacted under s. 59.971 59.692, an ordinance under s. 59.971 59.692 may require that the cost of the reconstruction of the structure may not exceed 150% of the structure's market value on the date immediately before the destruction or damage occurred.
(c) An ordinance enacted under s. 59.971 59.692 may not impose the limitations under pars. (a) and (b) if, as a result of the alteration, repair, addition or reconstruction, the structure will conform with all of the provisions of the ordinance enacted under s. 59.971 59.692.
201,478
Section 478
. 59.974 of the statutes is renumbered 59.693 and amended to read:
59.693 Construction site erosion control and storm water management zoning. (1) Definition. As used in In this section, “department" means the department of natural resources.
(2) Authority to enact ordinance. To effect the purposes of s. 144.266 and to promote the public health, safety and general welfare, a county may enact a zoning ordinance, that is applicable to all of its unincorporated area, except as provided in s. 60.627 (2) (b), for construction site erosion control at sites where the construction activities do not include the construction of a building and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 59.97 59.69.
(4) Applicability of county zoning provisions; town approval. (a) Except as otherwise specified in this section, s. 59.97 59.69 applies to any ordinance or amendment to an ordinance enacted under this section, but an ordinance or amendment to an ordinance enacted under this section does not require approval and is not subject to disapproval by any town or town board.
(b) Variances and appeals regarding construction site erosion control and storm water management regulations under this section are to be determined by the board of adjustment for that county. Procedures under s. 59.99 59.694 apply to these determinations.
(c) An ordinance enacted under this section supersedes all provisions of an ordinance enacted under s. 59.97 59.69 that relate to construction site erosion control or storm water management regulation.
(6) Applicability of comprehensive zoning plan or general zoning ordinance. Ordinances that are enacted under this section shall accord and be consistent with any comprehensive zoning plan or general zoning ordinance applicable to the enacting counties, so far as practicable.
(7) Applicability of local subdivision regulation. All powers granted to a county under s. 236.45 may be exercised by it the county with respect to construction site erosion control at sites where the construction activities do not include the construction of a building or with respect to storm water management regulation if the county has or provides a county planning agency as defined in s. 236.02 (1).
(8) Applicability to local governments and agencies. An ordinance that is enacted under this section is applicable to activities conducted by a unit of local government and an agency of that unit of government. An ordinance that is enacted under this section is not applicable to activities conducted by an agency, as defined under s. 227.01 (1) but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under s. 144.266 (2).
(9) Intergovernmental cooperation. (a) Except as provided in par. (c), s. 66.30 applies to this section, but for the purposes of this section any an agreement under s. 66.30 shall be effected by ordinance.
(b) If a county is served by a regional planning commission under s. 66.945 and if the commission consents, the county may empower the commission by ordinance to administer an ordinance that is enacted under this section throughout the county, whether or not the area otherwise served by the commission includes all of that county.
(c) If the board of commissioners of the Dane county lakes and watershed commission consents, Dane county may empower it the commission by ordinance to administer an ordinance that is enacted under this section whether or not the area otherwise served by the commission includes all of Dane county. Section 66.30 does not apply to this paragraph.
(10) Validity upon annexation. An ordinance that is enacted under this section by a county that is in effect in an area immediately before the area is annexed by a city or village continues in effect in the area after annexation unless the city or village enacts, maintains and enforces a city or village ordinance which complies with minimum standards established by the department and which is at least as restrictive as the county ordinance enacted under this section. If, after providing notice and conducting a hearing on the matter, the department determines that an ordinance that is enacted by a city or village which is applicable to the annexed area does not meet these standards or is not as restrictive as the county ordinance, the department shall issue an order declaring the city or village ordinance void and reinstating the applicability of the county ordinance to the annexed area.
201,479
Section 479
. 59.99 of the statutes is renumbered 59.694 and amended to read:
59.694 County zoning, adjustment board. (1) Appointment, power. The county board may provide for the appointment of a board of adjustment, and in the regulations and restrictions adopted pursuant to s. 59.97 under s. 59.69 may provide that such the board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. Nothing in this subsection shall preclude precludes the granting of special exceptions by the county zoning agency designated under s. 59.97 59.69 (2) (a) or the county board in accordance with regulations and restrictions adopted pursuant to s. 59.97 under s. 59.69 which were in effect on July 7, 1973, or adopted after that date.
(2) Personnel. (a) In counties
having with a population of less than 500,000, the board of adjustment shall consist of not more than 5 members as determined by resolution of the county board. The chairperson of the county board shall appoint the members with the approval of the county board for terms of 3 years beginning July 1. The incumbent members shall continue to serve until their terms expire. The county board resolution increasing the size of the board of adjustment shall indicate how many members shall be appointed for 1, 2 and 3 years prior to July 1 of the year in which the change takes effect in making the first appointments. If the county board, by resolution, determines to reduce the membership of the board of adjustment below 5 but not less than 3, one of the positions for which the term expires as determined by lot shall not be filled each year until the requisite number of positions has been reached.
(b) In counties having with a population of 500,000 or more, the board of adjustment shall consist of 3 members who are residents of the county, elected by the county board for terms of 1, 2 and 3 years, respectively, and until their successors are elected and qualify.
(bm) The chairperson of the county board may appoint, for staggered 3-year terms, 2 alternate members of the board of adjustment, who are subject to the approval of the county board. Annually, the chairperson of the county board shall designate one of the alternate members as the first alternate and the other as 2nd alternate. The first alternate shall act, with full power, only when a member of the board of adjustment refuses to vote because of a conflict of interest or when a member is absent. The 2nd alternate shall act only when the first alternate refuses to vote because of a conflict of interest or is absent, or if more than one member of the board of adjustment refuses to vote because of a conflict of interest or is absent.
(c) The members of the board of adjustment, including alternate members, shall all reside within the county and outside of the limits of incorporated cities and villages; provided, however, that no 2 members shall reside in the same town. The board of adjustment shall choose its own chairperson. Office room shall be provided by the county board, and the actual and necessary expenses incurred by the board of adjustment in the performance of its duties shall be paid and allowed as in cases of other claims against the county. The county board may likewise compensate the members of the board of adjustment, including alternate members, and the assistants as may be authorized by the county board. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
(3) Rules, meetings, minutes. The county board shall adopt rules for the conduct of the business of the board of adjustment, in accordance with the provisions of any ordinance or ordinances adopted pursuant to s. 59.97 enacted under s. 59.69. The board of adjustment may adopt further rules as necessary to carry into effect the regulations of the county board. Meetings of the board of adjustment shall be held at the call of the chairperson and at such other times as the board of adjustment may determine. The chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board of adjustment and shall be a public record.
(4) Appeals to board. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the building inspector or other administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board of adjustment, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.
(5) Stays. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken shall certify to the board of adjustment after the notice of appeal shall have been filed with that officer that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by upon application to the board of adjustment or by petition to a court of record on application on, with notice to the officer from whom the appeal is taken and on due cause shown.
(6) Hearing appeals. The board of adjustment shall fix a reasonable time for the hearing of the appeal and publish a class 2 notice thereof under ch. 985, as well as give due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any
, a party may appear in person or by agent or attorney. In any an action involving a historic property, as defined in s. 44.31 (3), the board of adjustment shall consider any suggested alternatives or recommended decision submitted by the landmarks commission or the planning and zoning committee or commission.
(7) Powers of board. The board of adjustment shall have all of the following powers:
(a) To hear and decide appeals where it is alleged there is error in any an order, requirement, decision or determination made by an administrative official in the enforcement of s. 59.97 59.69 or of any ordinance adopted enacted pursuant thereto.
(b) To hear and decide special exceptions to the terms of the ordinance upon which such the board is required to pass under such ordinance.
(c) To authorize upon appeal in specific cases such variance from the terms of the ordinance as that will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.
(d) To grant special exceptions and variances for renewable energy resource systems. If the board denies an application for a special exception or variance for a renewable energy resource such a system, the board shall provide a written statement of its reasons for denying the application. In this paragraph, “renewable energy resource system" means a solar energy system, a waste conversion energy system, a wind energy system or any other energy system which relies on a renewable energy resource.
(8) Order on appeal. In exercising the above-mentioned powers such under this section, the board of adjustment may, in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
(9) Majority rule.
The concurring vote of a A majority vote of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.
(10) Certiorari. Any person or persons, jointly or severally, A person aggrieved by any decision of the board of adjustment, or any a taxpayer, or any officer, department, board or bureau of the municipality, may, within 30 days after the filing of the decision in the office of the board, commence an action seeking the remedy available by certiorari. The court shall not stay proceedings upon the decision appealed from, but may, on application, on with notice to the board and on due cause shown, grant a restraining order. The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof. If necessary for the proper disposition of the matter, the court may take evidence, or appoint a referee to take evidence and report findings of fact and conclusions of law as it directs, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify, the decision brought up for review.
(14) Costs. Costs shall not be allowed against the board of adjustment unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceeding under this section shall have preference over all other civil actions and proceedings.
201,480
Section 480
. 59.997 (title) of the statutes is renumbered 59.08 (title).
201,481
Section 481
. 59.997 (1) to (6) of the statutes are renumbered 59.08 (1) to (6) and amended to read:
59.08 (1) Any two 2 or more adjoining counties in the state may consolidate into a single county by complying with the requirements and procedure herein specified.
(2) The county boards of supervisors of any 2 or more adjoining counties desiring to consolidate their respective counties into a single county may enter into a joint agreement for the consolidation of the counties, setting forth in the consolidation agreement all of the following:
(a) First, the The names of the several counties which they propose to be consolidated;.
(b) Second, the The name under which it is proposed to consolidate the said counties, which name shall be such as to distinguish it from the name of any other county in Wisconsin, other than the consolidating counties;.
(c) Third, the The property, real and personal, belonging to each county, and the fair current fair market value thereof in current money of the United States;
.
(d) Fourth, the The indebtedness, bonded and otherwise, of each county;.
