LRBs0271/1
MES:kmg:jf
2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2003 ASSEMBLY BILL 442
November 19, 2003 - Offered by
Committee on Property Rights and Land
Management.
AB442-ASA1,1,3
1An Act to repeal 62.23 (7) (e) 9.;
to amend 59.694 (2) (bm) and 62.23 (7) (e) 2.;
2and
to create 59.694 (2) (am), 59.694 (3m) and 62.23 (7) (e) 3m. of the statutes;
3relating to: quorum requirements for a zoning board of appeals or adjustment.
Analysis by the Legislative Reference Bureau
Under current law, a city, village, town that is authorized to exercise village
powers (municipality), or county is authorized to enact zoning ordinances that
regulate and restrict the height, number of stories, and size of buildings and other
structures; the percentage of lot that may be occupied; the size of yards and other
open spaces; the density of population; and the location and use of buildings,
structures, and land for various purposes.
A municipality's board of appeals or a county's board of adjustment is
authorized under current law to hear and decide appeals that allege that there is an
error in the enforcement of a zoning ordinance, to hear and decide special exceptions
to the terms of a zoning ordinance, and to authorize a variance from the terms of a
zoning ordinance. Currently, the county board chair of a county with a population
of 500,000 or more and the chief executive officer of a municipality (a city mayor,
village board president, or town board chair) may appoint two alternate members of
the board of adjustment or appeals, who act when a member of the board of
adjustment or appeals refuses to vote because of a conflict of interest or when a
member is absent.
This substitute amendment requires all municipalities or counties that have a
board of appeals or adjustment to appoint alternate members of the board. The
substitute amendment also specifies that if a quorum is present the board of appeals
or adjustment may take action by a majority vote, and repeals a current law
provision that requires four out of five votes for action by a city, village, or certain
town board of appeals.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB442-ASA1, s. 1
1Section
1. 59.694 (2) (am) of the statutes is created to read:
AB442-ASA1,2,112
59.694
(2) (am) The chairperson of the county board shall appoint, for
3staggered 3-year terms, 2 alternate members of the board of adjustment, who are
4subject to the approval of the county board. Annually, the chairperson of the county
5board shall designate one of the alternate members as the first alternate and the
6other as 2nd alternate. The first alternate shall act, with full power, only when a
7member of the board of adjustment refuses to vote because of a conflict of interest or
8when a member is absent. The 2nd alternate shall act only when the first alternate
9refuses to vote because of a conflict of interest or is absent, or if more than one
10member of the board of adjustment refuses to vote because of a conflict of interest or
11is absent.
AB442-ASA1, s. 2
12Section
2. 59.694 (2) (bm) of the statutes is amended to read:
AB442-ASA1,3,413
59.694
(2) (bm) The chairperson of the county board
may shall appoint, for
14staggered 3-year terms, 2 alternate members of the board of adjustment, who are
15subject to the approval of the county board. Annually, the chairperson of the county
16board shall designate one of the alternate members as the first alternate and the
17other as 2nd alternate. The first alternate shall act, with full power, only when a
18member of the board of adjustment refuses to vote because of a conflict of interest or
1when a member is absent. The 2nd alternate shall act only when the first alternate
2refuses to vote because of a conflict of interest or is absent, or if more than one
3member of the board of adjustment refuses to vote because of a conflict of interest or
4is absent.
AB442-ASA1,3,86
59.694
(3m) Quorum requirements. If a quorum is present, the board of
7adjustment may take action under this section by a majority vote of the members
8present.
AB442-ASA1, s. 4
9Section
4. 62.23 (7) (e) 2. of the statutes is amended to read:
AB442-ASA1,3,2510
62.23
(7) (e) 2. The board of appeals shall consist of 5 members appointed by
11the mayor subject to confirmation of the common council for terms of 3 years, except
12that of those first appointed one shall serve for one year, 2 for 2 years and 2 for 3 years.
13The members of the board shall serve at such compensation to be fixed by ordinance,
14and shall be removable by the mayor for cause upon written charges and after public
15hearing. The mayor shall designate one of the members as chairperson. The board
16may employ a secretary and other employees. Vacancies shall be filled for the
17unexpired terms of members whose terms become vacant. The mayor
may shall 18appoint, for staggered terms of 3 years, 2 alternate members of such board, in
19addition to the 5 members above provided for. Annually, the mayor shall designate
20one of the alternate members as 1st alternate and the other as 2nd alternate. The
211st alternate shall act, with full power, only when a member of the board refuses to
22vote because of interest or when a member is absent. The 2nd alternate shall so act
23only when the 1st alternate so refuses or is absent or when more than one member
24of the board so refuses or is absent. The above provisions, with regard to removal and
25the filling of vacancies, shall apply to such alternates.
AB442-ASA1, s. 5
1Section
5. 62.23 (7) (e) 3m. of the statutes is created to read:
AB442-ASA1,4,32
62.23
(7) (e) 3m. If a quorum is present, the board of appeals may take action
3under this subsection by a majority vote of the members present.
AB442-ASA1,4,76
(1) This act first applies to meetings or hearings held by a board of adjustment
7or board of appeals on the effective date of this subsection.
