LRBs0259/3
MES:hmh:pg
2001 - 2002 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2001 ASSEMBLY BILL 395
January 4, 2002 - Offered by Representative Staskunas.
AB395-ASA1,1,3
1An Act to create 59.694 (7m) and 62.23 (7) (ef) of the statutes;
relating to:
2changing the standards under which certain zoning variances may be granted
3by a local board of adjustment or appeals.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB395-ASA1,1,75
59.694
(7m) Area variances. (a) In this subsection, "area provisions" means
6those provisions of a zoning ordinance which govern area, setbacks, frontage, height,
7bulk, or density.
AB395-ASA1,1,108
(b) Notwithstanding sub. (7) (c) and except as provided in par. (d), the board of
9adjustment may authorize upon appeal in specific cases variances from area
10provisions if all of the following apply:
AB395-ASA1,1,1211
1. Due to special conditions, strict compliance with the area provisions would
12render conformity with the zoning ordinance unnecessarily burdensome.
AB395-ASA1,2,2
12. The variance will not have substantial impact on the character of the
2neighborhood.
AB395-ASA1,2,43
3. The variance is consistent with the spirit of the zoning ordinance and the
4public interest.
AB395-ASA1,2,65
4. The variance complies with any regulations governing the granting of
6variances set forth in the zoning ordinance.
AB395-ASA1,2,87
(c) To obtain a variance under this subsection, a property owner is not required
8to show that without the variance there is no reasonable use of the property.
AB395-ASA1,2,129
(d) The board of adjustment may not authorize a variance under this subsection
10if the variance would apply to territory to which an ordinance, that relates to zoning
11in wetlands, shorelands, or floodplains and which is enacted or adopted under s.
1259.692, 61.351, 62.231, or 87.30, applies.
AB395-ASA1, s. 2
13Section
2. 62.23 (7) (ef) of the statutes is created to read:
AB395-ASA1,2,1614
62.23
(7) (ef)
Area variances. 1. In this paragraph, "area provisions" means
15those provisions of a zoning ordinance which govern area, setbacks, frontage, height,
16bulk, or density.
AB395-ASA1,2,1917
2. Notwithstanding par. (e) 7. and except as provided in subd. 4., the board of
18appeals may authorize upon appeal in specific cases variances from area provisions
19if all of the following apply:
AB395-ASA1,2,2120
a. Due to special conditions, strict compliance with the area provisions would
21render conformity with the zoning ordinance unnecessarily burdensome.
AB395-ASA1,2,2322
b. The variance will not have a substantial impact on the character of the
23neighborhood.
AB395-ASA1,2,2524
c. The variance is consistent with the spirit of the zoning ordinance and the
25public interest.
AB395-ASA1,3,2
1d. The variance complies with any regulations governing the granting of
2variances set forth in the zoning ordinance.
AB395-ASA1,3,43
3. To obtain a variance under this paragraph, a property owner is not required
4to show that without the variance there is no reasonable use of the property.
AB395-ASA1,3,85
4. The board of appeals may not authorize a variance under this paragraph if
6the variance would apply to territory to which an ordinance, that relates to zoning
7in wetlands, shorelands, or floodplains and which is enacted or adopted under s.
859.692, 61.351, 62.231, or 87.30, applies.
