Amendment ASA1-AB133

AB133-ASA1, s. 1579n Section 1579n. 59.692 (1) (bn) of the statutes is created to read:

AB133-ASA1,762,17 59.692 (1) (bn) "Shoreland setback area" means an area in a shoreland that is within a certain distance of the ordinary high-water mark in which the construction or placement of buildings or structures has been limited or prohibited under an ordinance enacted under this section.

AB133-ASA1, s. 1579p Section 1579p. 59.692 (1) (d) of the statutes is created to read:

AB133-ASA1,762,20 59.692 (1) (d) "Special zoning permission" has the meaning given in s. 59.69 (15) (g).

AB133-ASA1, s. 1579r Section 1579r. 59.692 (1v) of the statutes is created to read:

AB133-ASA1,762,24 59.692 (1v) A county shall grant special zoning permission for the construction or placement of a structure on property in a shoreland setback area if all of the following apply:

AB133-ASA1,763,2 (a) The part of the structure that is nearest to the water is located at least 35 feet landward from the ordinary high-water mark.

AB133-ASA1,763,5 (b) The total floor area of all of the structures in the shoreland setback area of the property will not exceed 200 square feet. In calculating this square footage, boathouses shall be excluded.

AB133-ASA1,763,7 (c) The structure that is the subject of the request for special zoning permission has no sides or has open or screened sides.

AB133-ASA1,763,10 (d) The county must approve a plan that will be implemented by the owner of the property to preserve or establish a vegetative buffer zone that covers at least 70% of the half of the shoreland setback area that is nearest to the water.

AB133-ASA1, s. 1580g Section 1580g. 59.694 (7) (c) of the statutes is amended to read:

AB133-ASA1,763,23 59.694 (7) (c) To authorize upon appeal in specific cases variances from the terms of the ordinance 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. Except in cases where a property owner requests a variance from an ordinance enacted under s. 59.692, or adopted or reinstated by the department of natural resources under s. 59.692 (7), or a conservancy zoning ordinance, a property owner may establish "unnecessary hardship", as that term is used in this paragraph, by demonstrating that strict compliance with an area 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.

AB133-ASA1, s. 1582s Section 1582s. 60.62 (4) (a) of the statutes is amended to read:

AB133-ASA1,764,13 60.62 (4) (a) Notwithstanding ss. 61.35 and 62.23 (1) (a), a town with a population of less than 2,500 that acts under this section may create a "Town Plan Commission" under s. 62.23 (1) (a) that has 5 members, consisting of the town chairperson, who shall be its presiding officer, the town engineer, the president of the park board, another member of the town board and one citizen. If the town plan commission has only 5 members and the town has no engineer or park board, an additional citizen member shall be appointed so that the commission has at all times 5 members all of whom shall be appointed by the town board chairperson, who shall also select the presiding officer. The town board chairperson may appoint himself or herself to the commission and may appoint other town elected or appointed officials to the commission, except that the commission shall always have at least one citizen member who is not a town official. All other provisions of ss. 61.35 and 62.23 shall apply to a town plan commission that has 5 members.

AB133-ASA1, s. 1582t Section 1582t. 60.62 (4) (b) of the statutes is amended to read:

AB133-ASA1,764,20 60.62 (4) (b) If a town plan commission consists of 7 members and the town board enacts an ordinance or adopts a resolution reducing the size of the commission to 5 members, the commission shall continue to operate with 6 or 7 members until the expiration of the terms of the 2 citizen members, who were appointed under s. 62.23 (1) (c) (a), whose terms expire soonest after the effective date of the ordinance or resolution that reduces the size of the commission.

AB133-ASA1, s. 1582u Section 1582u. 60.62 (4) (c) of the statutes is amended to read:

AB133-ASA1,764,25 60.62 (4) (c) If a town plan commission consists of 5 members and the town board enacts an ordinance or adopts a resolution increasing the size of the commission to 7 members, the town board chairperson shall appoint the 2 new members under s. 62.23 (1) (c) (a).

AB133-ASA1, s. 1589s Section 1589s. 62.23 (1) (a) of the statutes is amended to read:

AB133-ASA1,765,13 62.23 (1) (a) The council of any city may by ordinance create a "City Plan Commission," to consist of the mayor, who shall be its presiding officer, the city engineer, the president of the park board, an alderperson, and 3 citizens. In case the city has no engineer or no park board, an additional citizen member shall be appointed so that the board has at all times 7 members. All members of the commission shall be appointed by the mayor, who shall also choose the presiding officer. The mayor may appoint himself or herself to the commission and may appoint other city elected or appointed officials, except that the commission shall always have at least 3 citizen members who are not city officials. Citizen members shall be persons of recognized experience and qualifications. The council may by ordinance provide that the membership of the commission shall be as provided thereunder.

AB133-ASA1, s. 1589t Section 1589t. 62.23 (1) (b) of the statutes is repealed.

AB133-ASA1, s. 1589u Section 1589u. 62.23 (1) (c) of the statutes is repealed.

AB133-ASA1, s. 1589v Section 1589v. 62.23 (1) (d) of the statutes is amended to read:

AB133-ASA1,765,23 62.23 (1) (d) The additional citizen members, if any, of the commission shall be first appointed to hold office for a period ending one year from the succeeding May first, and thereafter annually of 3 years. Appointments shall be made by the mayor during the month of April. Whenever a park board is created, or a city engineer appointed, the president of such board or such engineer shall succeed to a place on the commission when the term of an additional citizen member expires for terms that expire in April or at any other time if a vacancy occurs during the middle of a term.

AB133-ASA1, s. 1590 Section 1590. 62.23 (2) of the statutes is amended to read:

AB133-ASA1,767,2 62.23 (2) Functions. It shall be the function and duty of the commission to make and adopt a master plan for the physical development of the city, including any areas outside of its boundaries which in the commission's judgment bear relation to the development of the city provided, however, that in any county where a regional planning department has been established, areas outside the boundaries of a city may not be included in the master plan without the consent of the county board of supervisors. The master plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the commission's recommendations for such physical development, and may include, among other things without limitation because of enumeration, the general location, character and extent of streets, highways, freeways, street grades, roadways, walks, bridges, viaducts, parking areas, tunnels, public places and areas, parks, parkways, playgrounds, sites for public buildings and structures, airports, pierhead and bulkhead lines, waterways, routes for railroads and buses, historic districts, and the general location and extent of sewers, water conduits and other public utilities whether privately or publicly owned, the acceptance, widening, narrowing, extension, relocation, removal, vacation, abandonment or change of use of any of the foregoing public ways, grounds, places, spaces, buildings, properties, utilities, routes or terminals, the general location, character and extent of community centers and neighborhood units, the general character, extent and layout of the replanning of blighted districts and slum areas, and a comprehensive zoning plan shall contain at least the elements described in s. 66.0295. The commission may from time to time amend, extend or add to the master plan or carry any part or subject matter into greater detail. The commission may adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.

AB133-ASA1, s. 1591 Section 1591. 62.23 (3) (b) of the statutes is amended to read:

AB133-ASA1,767,17 62.23 (3) (b) The commission may adopt the master plan as a whole by a single resolution, or, as the work of making the whole master plan progresses, may from time to time by resolution adopt a part or parts thereof, any such part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan elements specified in s. 66.0295. The adoption of the plan or any part, amendment or addition, shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the city plan commission. The resolution shall refer expressly to the maps, descriptive matter, elements under s. 66.0295 and other matters intended by the commission to form the whole or any part of the plan, and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the secretary of the commission, and a copy of the plan or part thereof shall be certified to the common council. The purpose and effect of the adoption and certifying of the master plan or part thereof shall be solely to aid the city plan commission and the council in the performance of their duties.

AB133-ASA1, s. 1591g Section 1591g. 62.23 (7) (e) 7. of the statutes is amended to read:

AB133-ASA1,768,15 62.23 (7) (e) 7. The board of appeals shall have the following powers: To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this section or of any ordinance adopted pursuant thereto; to hear and decide special exception to the terms of the ordinance upon which such board is required to pass under such ordinance; to authorize upon appeal in specific cases such variance from the terms of the ordinance as 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 practical difficulty or unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. The board may permit in appropriate cases, and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of the ordinance, a building or premises to be erected or used for such public utility purposes in any location which is reasonably necessary for the public convenience and welfare. Except in cases where a property owner requests a variance from an ordinance enacted under s. 59.692, 61.351 or 62.231, or adopted by the department of natural resources under s. 61.351 (6) or 62.231 (6), or from a conservancy zoning ordinance, a property owner may establish "unnecessary hardship", as that term is used in this subdivision, by demonstrating that strict compliance with an area 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.

AB133-ASA1, s. 1592g Section 1592g. 62.50 (23m) of the statutes is created to read:

AB133-ASA1,768,24 62.50 (23m) Firearm law media campaign. The board shall conduct a city-wide communications media campaign designed to deter the unlawful possession and use of firearms by educating the public about the legal consequences of unlawful possession and use of firearms. The department of administration shall provide funding to the board for the media campaign under this subsection from the appropriation under s. 20.475 (1) (f). The amounts paid by the department of administration under this subsection may not exceed $90,000 in the 1999-2000 fiscal year and $60,000 in the 2000-01 fiscal year.

AB133-ASA1, s. 1606 Section 1606. 66.0295 of the statutes is created to read:

AB133-ASA1,769,1 66.0295 Comprehensive planning. (1) Definitions. In this section:

AB133-ASA1,769,2 (a) "Comprehensive plan" means:

AB133-ASA1,769,4 1. For a county, a development plan that is prepared or amended under s. 59.69 (2) or (3).

AB133-ASA1,769,6 2. For a city or a village, or for a town that exercises village powers under s. 60.22 (3), a master plan that is adopted or amended under s. 62.23 (2) or (3).

AB133-ASA1,769,8 3. For a regional planning commission, a master plan that is adopted or amended under s. 66.945 (8), (9) or (10).

AB133-ASA1,769,10 (b) "Local governmental unit" means a city, village, town, county or regional planning commission that may adopt, prepare or amend a comprehensive plan.

AB133-ASA1,769,12 (2) Contents of a comprehensive plan. A comprehensive plan shall contain all of the following elements:

AB133-ASA1,769,20 (a) Issues and opportunities element. Background information on the local governmental unit and a statement of overall objectives, policies, goals and programs of the local governmental unit to guide the future development and redevelopment of the local governmental unit over a 20-year planning period. Background information shall include population, household and employment forecasts that the local governmental unit uses in developing its comprehensive plan, and demographic trends, age distribution, educational levels, income levels and employment characteristics that exist within the local governmental unit.

AB133-ASA1,770,5 (b) Housing element. A compilation of objectives, policies, goals, maps and programs of the local governmental unit to provide an adequate housing supply that meets existing and forecasted housing demand in the local governmental unit. The element shall assess the age, structural, value and occupancy characteristics of the local governmental unit's housing stock. The element shall also identify specific policies and programs that promote the development of housing for residents of the local governmental unit with all income levels and with various needs, policies and programs that promote the availability of land for the development or redevelopment of low-income and moderate-income housing, and policies and programs to maintain or rehabilitate the local governmental unit's existing housing stock.

AB133-ASA1,770,16 (c) Transportation element. A compilation of objectives, policies, goals, maps and programs to guide the future development of the various modes of transportation, including highways, transit, transportation systems for persons with disabilities, bicycles, walking, railroads, air transportation, trucking and water transportation. The element shall compare the local governmental unit's objectives, policies, goals and programs to state and regional transportation plans. The element shall also identify highways within the local governmental unit by function and incorporate other applicable transportation plans, including transportation corridor plans, county highway functional and jurisdictional studies, urban area and rural area transportation plans, airport master plans and rail plans that apply in the local governmental unit.

AB133-ASA1,771,5 (d) Utilities and community facilities element. A compilation of objectives, policies, goals, maps and programs to guide the future development of utilities and community facilities in the local governmental unit such as sanitary sewer service, storm water management, water supply, solid waste disposal, on-site wastewater treatment technologies, recycling facilities, parks, telecommunications facilities, power-generating plants and transmission lines, cemeteries, health care facilities, child care facilities and other public facilities, such as police, fire and rescue facilities, libraries, schools and other governmental facilities. The element shall describe the location, use and capacity of existing public utilities and community facilities that serve the local governmental unit, shall include an approximate timetable that forecasts the need in the local governmental unit to expand or rehabilitate existing utilities and facilities or to create new utilities and facilities and shall assess future needs for government services in the local governmental unit that are related to such utilities and facilities.

AB133-ASA1,771,13 (e) Agricultural, natural and cultural resources element. A compilation of objectives, policies, goals, maps and programs for the conservation, and promotion of the effective management, of natural resources such as groundwater, forests, productive agricultural areas, environmentally sensitive areas, threatened and endangered species, stream corridors, surface water, floodplains, wetlands, wildlife habitat, metallic and nonmetallic mineral resources, parks, open spaces, historical and cultural resources, community design, recreational resources and other natural resources.

AB133-ASA1,771,25 (f) Economic development element. A compilation of objectives, policies, goals, maps and programs to promote the stabilization, retention or expansion, of the economic base and quality employment opportunities in the local governmental unit, including an analysis of the labor force and economic base of the local governmental unit. The element shall assess categories or particular types of new businesses and industries that are desired by the local governmental unit. The element shall assess the local governmental unit's strengths and weaknesses with respect to attracting and retaining businesses and industries, and shall designate an adequate number of sites for such businesses and industries. The element shall also evaluate and promote the use of environmentally contaminated sites for commercial or industrial uses. The element shall also identify county, regional and state economic development programs that apply to the local governmental unit.

AB133-ASA1,772,11 (g) Intergovernmental cooperation element. A compilation of objectives, policies, goals, maps and programs for joint planning and decision making with other jurisdictions, including school districts and adjacent local governmental units, for siting and building public facilities and sharing public services. The element shall analyze the relationship of the local governmental unit to school districts and adjacent local governmental units, and to the region, the state and other governmental units. The element shall incorporate any plans or agreements to which the local governmental unit is a party under s. 66.023, 66.30 or 66.945. The element shall identify existing or potential conflicts between the local governmental unit and other governmental units that are specified in this paragraph and describe processes to resolve such conflicts.

AB133-ASA1,773,4 (h) Land-use element. A compilation of objectives, policies, goals, maps and programs to guide the future development and redevelopment of public and private property. The element shall contain a listing of the amount, type, intensity and net density of existing uses of land in the local governmental unit, such as agricultural, residential, commercial, industrial and other public and private uses. The element shall analyze trends in the supply, demand and price of land, opportunities for redevelopment and existing and potential land-use conflicts. The element shall contain projections, based on the background information specified in par. (a), for 20 years with detailed maps, in 5-year increments, of future residential, agricultural, commercial and industrial land uses including the assumptions of net densities or other spatial assumptions upon which the projections are based. The element shall also include a series of maps that shows current land uses and future land uses that indicate productive agricultural soils, natural limitations for building site development, floodplains, wetlands and other environmentally sensitive lands, the boundaries of areas to which services of public utilities and community facilities, as those terms are used in par. (d), will be provided in the future, consistent with the timetable described in par. (d), and the general location of future land uses by net density or other classifications.

AB133-ASA1,773,17 (i) Implementation element. A compilation of programs and specific actions to be completed in a stated sequence, including proposed changes to any applicable zoning ordinances, official maps, sign regulations, erosion and storm water control ordinances, historic preservation ordinances, site plan regulations, design review ordinances, building codes, mechanical codes, housing codes, sanitary codes or subdivision ordinances, to implement the objectives, policies, plans and programs contained in pars. (a) to (h). The element shall describe how each of the elements of the comprehensive plan will be integrated and made consistent with the other elements of the comprehensive plan, and shall include a mechanism to measure the local governmental unit's progress toward achieving all aspects of the comprehensive plan. The element shall include a process for updating the comprehensive plan. A comprehensive plan under this subsection shall be updated no less than once every 10 years.

AB133-ASA1,773,21 (3) Actions, procedures that must be consistent with comprehensive plans. Beginning on January 1, 2010, any action of a local governmental unit that affects land use shall be consistent with that local governmental unit's comprehensive plan, including all of the following:

AB133-ASA1,773,22 (a) Municipal incorporation procedures under s. 66.012, 66.013 or 66.014.

AB133-ASA1,773,23 (b) Annexation procedures under s. 66.021, 66.024 or 66.025.

AB133-ASA1,773,24 (c) Cooperative boundary agreements entered into under s. 66.023.

AB133-ASA1,773,25 (d) Consolidation of territory under s. 66.02.

AB133-ASA1,774,1 (e) Detachment of territory under s. 66.022.

AB133-ASA1,774,2 (f) Municipal boundary agreements fixed by judgment under s. 66.027.

AB133-ASA1,774,3 (g) Official mapping established or amended under s. 62.23 (6).

AB133-ASA1,774,4 (h) Local subdivision regulation under s. 236.45 or 236.46.

AB133-ASA1,774,6 (i) Extraterritorial plat review within a city's or village's extraterritorial plat approval jurisdiction, as is defined in s. 236.02 (5).

AB133-ASA1,774,7 (j) County zoning ordinances enacted or amended under s. 59.69.

AB133-ASA1,774,8 (k) City or village zoning ordinances enacted or amended under s. 62.23 (7).

AB133-ASA1,774,9 (L) Town zoning ordinances enacted or amended under s. 60.61 or 60.62.

AB133-ASA1,774,11 (m) An improvement of a transportation facility that is undertaken under s. 84.185.

AB133-ASA1,774,13 (n) Agricultural preservation plans that are prepared or revised under subch. IV of ch. 91.

AB133-ASA1,774,14 (o) Impact fee ordinances that are enacted or amended under s. 66.55.

AB133-ASA1,774,15 (p) Land acquisition for recreational lands and parks under s. 23.09 (20).

AB133-ASA1,774,17 (q) Zoning of shorelands or wetlands in shorelands under s. 59.692, 61.351 or 62.231.

AB133-ASA1,774,19 (r) Construction site erosion control and storm water management zoning under s. 59.693, 61.354 or 62.234.

AB133-ASA1,774,21 (4) Procedures for adopting comprehensive plans. A local governmental unit shall comply with all of the following before its comprehensive plan may take effect:

AB133-ASA1,775,5 (a) The governing body of a local governmental unit shall adopt written procedures that are designed to foster public participation, including open discussion, communication programs, information services and public meetings for which advance notice has been provided, in every stage of the preparation of a comprehensive plan. The written procedures shall provide for wide distribution of proposed, alternative or amended elements of a comprehensive plan and shall provide an opportunity for written comments on the plan to be submitted by members of the public to the governing body and for the governing body to respond to such written comments.

AB133-ASA1,775,13 (b) The planning commission or other body of a local governmental unit that is authorized to prepare or amend a comprehensive plan may recommend the adoption or amendment of a comprehensive plan only by adopting a resolution by majority vote. The vote shall be recorded in the official minutes of the planning commission or other body. The resolution shall refer to maps and other descriptive materials that relate to one or more elements of a comprehensive plan. One copy of an adopted comprehensive plan, or of an amendment to such a plan, shall be sent to all of the following:

AB133-ASA1,775,15 1. Every governmental body that is located in whole or in part within the boundaries of the local governmental unit.

AB133-ASA1,775,18 2. Every local governmental unit that is adjacent to the local governmental unit which is the subject of the plan that is adopted or amended as described in par. (b) (intro.).

AB133-ASA1,775,19 3. The Wisconsin land council.

AB133-ASA1,775,20 4. After September 1, 2003, the department of administration.

AB133-ASA1,776,3 (c) No recommended comprehensive plan that is adopted or amended under par. (b) may take effect until the plan or amendment is enacted as an ordinance by the local governmental unit. The local governmental unit may not enact an ordinance under this paragraph unless the comprehensive plan contains all of the elements specified in sub. (2). An ordinance may be enacted under this paragraph only by a majority vote of the members-elect, as defined in s. 59.001 (2m), of the governing body. An ordinance that is enacted under this paragraph shall be filed with at least all of the following:

AB133-ASA1,776,5 1. The public library and the regional planning commission that serves the area in which the local governmental unit is located.

AB133-ASA1,776,6 2. The clerk of any adjacent local governmental unit.

AB133-ASA1,776,13 (d) No local governmental unit may enact an ordinance under par. (c) unless the local governmental unit holds at least one public hearing at which the proposed ordinance is discussed. That hearing must be preceded by a class 1 notice under ch. 985 that is published at least 30 days before the hearing is held. The local governmental unit may also provide notice of the hearing by any other means it considers appropriate. The class 1 notice shall contain at least the following information:

AB133-ASA1,776,14 1. The date, time and place of the hearing.

AB133-ASA1,776,16 2. A summary, which may include a map, of the proposed comprehensive plan or amendment to such a plan.

AB133-ASA1,776,18 3. The name of an individual employed by the local governmental unit who may provide additional information regarding the proposed ordinance.

AB133-ASA1,776,21 4. Information relating to where and when the proposed comprehensive plan or amendment to such a plan may be inspected before the hearing, and how a copy of the plan or amendment may be obtained.

AB133-ASA1, s. 1606m Section 1606m. 66.034 of the statutes is created to read:

AB133-ASA1,776,24 66.034 Traditional neighborhood developments. (1) Definitions. In this section:

AB133-ASA1,776,25 (a) "Extension" has the meaning given in s. 36.05 (7).

AB133-ASA1,777,3 (b) "Traditional neighborhood development" means a compact, mixed-use neighborhood where residential, commercial and civic buildings are within close proximity to each other.

AB133-ASA1,777,9 (2) Model ordinance. Not later than January 1, 2001, the extension, in consultation with any other University of Wisconsin System institution or with a landscape architect, as that term is used in s. 443.02 (5), or with independent planners or any other consultant with expertise in traditional neighborhood planning and development, shall develop a model ordinance for a traditional neighborhood development.

AB133-ASA1,777,13 (3) City, village and town requirements. (a) Not later than January 1, 2002, every city and village, and every town with a population of at least 5,000 shall enact an ordinance under s. 62.23 (7) that is substantially similar to the model ordinance that is developed under sub. (2), although the ordinance is not required to be mapped.