LRBs0483/1
MGG:jlg:hmh
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 58
February 12, 1998 - Offered by Representative Owens.
AB58-ASA1,1,4
1An Act to repeal 87.30 (1d) (a) 3.;
to renumber 59.692 (1r);
to amend 87.30 (1d)
2(b); and
to create 59.692 (1p) of the statutes;
relating to: limitations on
3improvements of nonconforming buildings in shorelands and on improvements
4of certain nonconforming buildings in floodplains.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB58-ASA1, s. 1
5Section
1. 59.692 (1p) of the statutes is created to read:
AB58-ASA1,1,66
59.692
(1p) (a) In this subsection:
AB58-ASA1,1,107
1. "Nonconforming building" means an existing lawful building which is not in
8conformity with the dimensional or structural requirements of a shoreland zoning
9ordinance enacted under this section and includes a building with a nonconforming
10use.
AB58-ASA1,2,3
12. "Nonconforming use" means an existing lawful use or accessory use of a
2structure, building or development which is not in conformity with the provisions of
3a shoreland zoning ordinance enacted under this section.
AB58-ASA1,2,64
(b) A shoreland zoning ordinance enacted under this section shall permit the
5repair, reconstruction or improvement of any nonconforming building, except as
6provided in par. (c).
AB58-ASA1,2,117
(c) A shoreland zoning ordinance enacted under this section may not permit the
8repair, reconstruction or improvement of a nonconforming building if the
9nonconforming building, after repair, reconstruction or improvement, will fail to
10conform to the requirements specified in s. 87.30 (1d) (c), if those requirements are
11applicable to the nonconforming building.
AB58-ASA1, s. 2
12Section
2. 59.692 (1r) of the statutes is renumbered 59.692 (1u).
AB58-ASA1, s. 3
13Section
3. 87.30 (1d) (a) 3. of the statutes is repealed.
AB58-ASA1, s. 4
14Section
4. 87.30 (1d) (b) of the statutes is amended to read:
AB58-ASA1,2,1815
87.30
(1d) (b)
For nonconforming buildings that are damaged or destroyed by
16a nonflood disaster a A floodplain zoning ordinance shall permit the repair,
17reconstruction or improvement of any
such nonconforming building,
in order to
18restore it after the nonflood disaster except as provided in par. (c).
AB58-ASA1,2,2220
(1) The treatment of section 59.692 (1p) of the statutes first applies to
21provisions under a county shoreland zoning ordinance on the effective date of this
22subsection regardless of when the county shoreland zoning ordinance was enacted.
AB58-ASA1,2,2423
(2) The treatment of section 59.692 (1p) of the statutes first applies to repairs,
24reconstruction and improvements that begin on the effective date of this subsection.
AB58-ASA1,3,3
1(3) The treatment of section 87.30 (1d) (a) 3. and (b) of the statutes first applies
2to provisions under a floodplain zoning ordinance on the effective date of this
3subsection regardless of when the floodplain zoning ordinance was enacted.
AB58-ASA1,3,64
(4) The treatment of section 87.30 (1d) (a) 3. and (b) of the statutes first applies
5to repairs, reconstruction and improvements that begin on the effective date of this
6subsection.
