AB499-ASA1,21,23 2286.37 Highway projects involving business and downtown areas. (1)
23In this section:
AB499-ASA1,21,2424 (a) "Business area" has the meaning given in s. 560.081 (1) (a).
AB499-ASA1,21,2525 (b) "Municipality" means a city, village, or town.
AB499-ASA1,22,12
1(2) In the preliminary stages of considering and planning any highway project
2to be funded by the department that involves a highway in which a business area that
3is the subject of revitalization efforts under the State Main Street Program under s.
4560.081 (2) (e) or a certified downtown under s. 560.03 (21m) is located, the
5department shall consult on issues concerning the proposed highway project and its
6effects on the business or certified downtown area with the department of commerce
7and, unless no such board or organization exists, with the business improvement
8district board appointed under s. 66.1109 (3) (a), the main street board associated
9with the State Main Street Program under s. 560.081 (2) (e), or the nonprofit
10downtown planning organization of that municipality. This subsection does not
11apply to any highway project for which preliminary engineering was begun before
12the effective date of this subsection .... [revisor inserts date].
AB499-ASA1,22,22 13(3) Notwithstanding any other provision of law relating to highway projects
14funded by the department, the department shall give priority to the retention of any
15on-street parking with respect to a highway project involving the widening of a
16highway in which a business area that is the subject of revitalization efforts under
17the State Main Street Program under s. 560.081 or a certified downtown under s.
18560.03 (21m) is located. This subsection shall apply to the use of any federal funds
19only to the extent that such use does not result in the loss of any federal funds. This
20subsection does not apply to any highway project that is subject to a contract for its
21construction and that is in effect on the effective date of this subsection .... [revisor
22inserts date].
AB499-ASA1, s. 34 23Section 34. 101.121 (3) (c) of the statutes is created to read:
AB499-ASA1,22,2524 101.121 (3) (c) The Historic Building Code shall be liberally interpreted to
25facilitate the preservation and restoration of qualified historic buildings.
AB499-ASA1, s. 35
1Section 35. 101.121 (4) (a) of the statutes is renumbered 101.121 (4) (a) 1.
AB499-ASA1, s. 36 2Section 36. 101.121 (4) (a) 2. of the statutes is created to read:
AB499-ASA1,23,93 101.121 (4) (a) 2. Upon the request of the owner of a qualified historic building
4who elects under subd. 1. to be subject to the Historic Building Code, the department
5shall review any decision of a city, village, town, or county that requires the owner
6to comply with a provision of a county or municipal building code, or of any other local
7ordinance or regulation, to determine if the provision concerns a matter dealt with
8in the Historic Building Code. The procedures in s. 101.02 (7) apply to any review
9conducted by the department under this subdivision.
AB499-ASA1, s. 37 10Section 37. 101.121 (4) (b) of the statutes is amended to read:
AB499-ASA1,23,1411 101.121 (4) (b) Paragraph (a) 1. does not apply to any owner of a nursing home,
12as defined in s. 50.01 (3), a hospital, as defined in s. 50.33 (2) (a) and (c), or an
13approved public or private treatment facility for alcoholics, as defined in s. 51.45 (2)
14(b) and (c).
AB499-ASA1, s. 38 15Section 38. 101.121 (5) of the statutes is created to read:
AB499-ASA1,23,2016 101.121 (5) Advisory opinion of state historical society. (a) The owner of a
17qualified historic building may submit to the state historical society a request for an
18advisory opinion with respect to any decision of the department, or of a city, village,
19town, or county that is an agent of the department, if the decision pertains to any of
20the following:
AB499-ASA1,23,2221 1. This section or a rule promulgated under this section, except for a decision
22of the department under sub. (4) (a) 2.
AB499-ASA1,23,2323 2. A variance to a rule promulgated under this section.
AB499-ASA1,23,2524 3. The inspection of a qualified historic building for compliance with a rule
25promulgated under this section.
AB499-ASA1,24,3
1(b) Upon receiving a request under par. (a), the state historical society shall
2review all information related to the decision and shall render a written opinion on
3each of the following:
AB499-ASA1,24,54 1. Whether the decision is consistent with this section and the rules
5promulgated under this section.
AB499-ASA1,24,86 2. Whether the alternative decision requested by the owner of the qualified
7historic building, or any other alternative decision, is consistent with this section and
8the rules promulgated under this section.
AB499-ASA1,24,149 (c) The state historical society may negotiate with the department or the city,
10village, town, or county and the owner of the qualified historic building to seek
11agreement on an alternative decision that will allow the greatest possible degree of
12restoration and preservation of the qualified historic building, while continuing to
13meet the standards for the health, safety, and welfare of occupants of and visitors to
14the qualified historic building.
AB499-ASA1,24,1615 (d) The department or a city, village, town, or county may modify any decision
16described under par. (a) based on negotiations with the state historical society.
AB499-ASA1,24,1817 (e) This subsection does not modify any procedures for appeal of a decision of
18the department or of a city, village, town, or county under this section.
AB499-ASA1, s. 39 19Section 39. 101.121 (6) of the statutes is created to read:
AB499-ASA1,24,2520 101.121 (6) Informational pamphlet. (a) In cooperation with the state
21historical society, the department shall develop an informational pamphlet designed
22to increase awareness and use of the Historic Building Code. The department, in
23cooperation with the State Historical Society, shall update the pamphlet as statutes
24and rules relating to the Historic Building Code are amended. The pamphlet shall
25include all of the following information:
AB499-ASA1,25,1
11. A description of the Historic Building Code.
AB499-ASA1,25,32 2. A description of the types and qualities of buildings that are subject to the
3Historic Building Code.
AB499-ASA1,25,64 3. An explanation of how the owner of a qualified historic building may elect
5to be subject to the Historic Building Code and a description of the consequences of
6that election.
AB499-ASA1,25,87 4. A description of other alternative building codes that the owner of a historic
8building may be eligible to use.
AB499-ASA1,25,109 5. A description of where a person may obtain further information regarding
10historic buildings and the Historic Building Code.
AB499-ASA1,25,1311 (b) The department and the state historical society shall distribute the
12pamphlets as they consider necessary to increase awareness of the Historic Building
13Code.
AB499-ASA1, s. 40 14Section 40. 101.19 (1) (intro.) of the statutes is amended to read:
AB499-ASA1,25,1715 101.19 (1) (intro.) The department, by rule promulgated under ch. 227, shall
16fix and collect promulgate rules establishing and providing for the collection of fees
17which shall, as closely as possible, equal the cost of providing the following services:
AB499-ASA1, s. 41 18Section 41. 101.975 (4) of the statutes is created to read:
AB499-ASA1,25,2119 101.975 (4) (a) A political subdivision may adopt an ordinance that permits the
20political subdivision to grant a variance to the Uniform Multifamily Dwelling Code
21if all of the following apply:
AB499-ASA1,25,2422 1. The ordinance permits only a variance that relates to handrails or guardrails
23of qualified historic buildings, as defined in s. 101.121 (2) (c), that are converted from
24single-family dwellings to multifamily dwellings.
AB499-ASA1,26,4
12. The ordinance requires the owner of a qualified historic building who seeks
2a variance to provide the political subdivision with evidence that the type, height,
3and design of the handrail or guardrail proposed for installation is historically
4appropriate for the owner's building.
AB499-ASA1,26,85 (b) A political subdivision may grant a variance under an ordinance adopted
6under par. (a) if the owner seeking the variance provides the evidence required under
7par. (a) 2. and if the handrail or guardrail installation is at least as protective of
8public safety as the handrail or guardrail that would otherwise have been required.
AB499-ASA1, s. 42 9Section 42. 254.61 (1) (f) 2. of the statutes is amended to read:
AB499-ASA1,26,1510 254.61 (1) (f) 2. A structural addition, including a renovation, made to a
11structure that was originally constructed at least 50 years before an initial or
12renewal application for a permit under s. 254.64 (1) (b) is made and for which no use
13other than as a bed and breakfast establishment is proposed. The structural addition
14under this subdivision shall comply with the rules promulgated under s. 101.63 (1)
15and (1m).
AB499-ASA1, s. 43 16Section 43. 560.03 (21m) of the statutes is created to read:
AB499-ASA1,26,2017 560.03 (21m) (a) Promulgate rules for the certification of downtowns by the
18department. The rules promulgated under this subsection shall require the
19department to consider at least all of the following factors with regard to an area
20being a certified downtown:
AB499-ASA1,26,2121 1. Whether the area is or is located in a central business district.
AB499-ASA1,26,2322 2. The extent to which the structures located in the area are in commercial use,
23or zoned for commercial use, and oriented for pedestrian traffic.
AB499-ASA1,26,2524 3. The compactness of the area and the extent to which the area includes a
25regular pattern of sidewalks facilitating commercial activity by pedestrians.
AB499-ASA1,27,2
14. The extent to which the linear street frontage in the area is set back from
2the sidewalk.
AB499-ASA1,27,33 5. The historical value of the area.
AB499-ASA1,27,54 (b) Ensure that the rules promulgated under par. (a) permit multiple areas
5within a populous city, village, or town to be certified downtowns.
AB499-ASA1,27,76 (c) Support and assist certified downtowns by directing the department's
7resources, whenever appropriate, to certified downtowns.
AB499-ASA1, s. 44 8Section 44. 560.083 of the statutes is created to read:
AB499-ASA1,27,13 9560.083 Central business district reconstruction guidelines. The
10department shall develop and publish guidelines to aid communities in
11reconstructing central business districts that are destroyed or severely damaged in
12major disasters. The guidelines shall include information on relevant financial and
13other assistance available to communities from the state government.
AB499-ASA1, s. 45 14Section 45. 823.21 of the statutes is amended to read:
AB499-ASA1,27,19 15823.21 Dilapidated buildings declared nuisances. Any building which,
16under s. 66.0413 (1) (b) 1., has been declared so old, dilapidated or out of repair as
17to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or has
18been determined to be unreasonable to repair under s. 66.0413 (1) (b) 1. is a public
19nuisance and may be proceeded against under this chapter.
AB499-ASA1, s. 46 20Section 46. Nonstatutory provisions.
AB499-ASA1,27,2521 (1) Certified downtowns and business district reconstruction. The
22authorized FTE positions for the department of commerce are increased by 2.0 PR
23positions, to be funded from the appropriation under section 20.143 (1) (gb) of the
24statutes, for the purpose of providing increased staff for the administration of
25sections 560.03 (21m) and 560.083 of the statutes.
AB499-ASA1,28,4
1(2) Historical society. The authorized FTE positions for the historical society
2are increased by 1.0 PR position, to be funded from the appropriation under section
320.245 (1) (ks) of the statutes, for the purpose of providing increased staff for the
4administration section 44.02 (24d) (a) of the statutes, as created by this act.
AB499-ASA1, s. 47 5Section 47. Appropriation changes.
AB499-ASA1,28,126 (1) Survey of rural historic buildings. In the schedule under section 20.005
7(3) of the statutes for the appropriation to the state historical society under section
820.245 (1) (a) of the statutes, as affected by the acts of 2003, the dollar amount is
9increased by $75,000 for fiscal year 2003-04 and the dollar amount is increased by
10$75,000 for fiscal year 2004-05 for the purpose of entering into a contract for a survey
11under section 44.34 (1) of the statutes to identify and document historic properties
12in rural areas of the state.
AB499-ASA1, s. 48 13Section 48. Initial applicability.
AB499-ASA1,28,2114 (1) Historic rehabilitation tax credits. The renumbering of sections 44.02
15(24) and 71.10 (4) (dr) of the statutes; the renumbering and amendment of sections
1671.07 (9m) (a), 71.07 (9r) (a), 71.28 (6) (a), and 71.47 (6) (a) of the statutes; the
17amendment of sections 71.07 (5m) (a) 4., 71.07 (9m) (c), 71.28 (6) (c), and 71.47 (6)
18(c) of the statutes; and the creation of sections 44.02 (24) (b), 44.02 (24d), 71.07 (9m)
19(a) 2., 71.07 (9m) (g), 71.07 (9m) (h), 71.07 (9r) (a) 2., 71.28 (6) (a) 2., 71.28 (6) (g), 71.28
20(6) (h), 71.47 (6) (a) 2., 71.47 (6) (g), and 71.47 (6) (h) of the statutes first apply to
21taxable years beginning on January 1, 2004.
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