Amendment SA1-SB472

2011 - 2012 LEGISLATURE

SENATE AMENDMENT 1, TO 2011 SENATE BILL 472

March 5, 2012 - Offered by Senator Lasee.

SB472-SA1,1,1 At the locations indicated, amend the bill as follows:

SB472-SA1,1,2 1. Page 2, line 1: before that line insert:

SB472-SA1,1,3 " Section 1e. 59.69 (10) (a) of the statutes is renumbered 59.69 (10) (am).

SB472-SA1, s. 1g Section 1g. 59.69 (10) (ab) of the statutes is created to read:

SB472-SA1,1,8 59.69 (10) (ab) In this subsection "nonconforming use" means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

SB472-SA1, s. 1h Section 1h. 59.69 (10) (e) 1. of the statutes is amended to read:

SB472-SA1,2,2 59.69 (10) (e) 1. In this paragraph, "amortization ordinance" means an ordinance that allows the continuance of the lawful use of a nonconforming building, premises, structure, or fixture that may be lawfully used as described under par. (a) (am) but only for a specified period of time, after which the lawful use of such building, premises, structure, or fixture must be discontinued without the payment of just compensation.

SB472-SA1, s. 1i Section 1i. 59.69 (10) (e) 2. of the statutes is amended to read:

SB472-SA1,2,6 59.69 (10) (e) 2. Subject to par. (a) (am), an ordinance enacted under this section may not require the removal of a nonconforming building, premises, structure, or fixture by an amortization ordinance.".

SB472-SA1,2,7 2. Page 2, line 1: delete " Section 1" and substitute "Section 1j".

SB472-SA1,2,9 3. Page 3, line 1: delete "Dimensional requirements" and substitute "Development regulations".

SB472-SA1,2,10 4. Page 3, line 5: after "enacted" insert "or amended".

SB472-SA1,2,12 5. Page 3, line 6: delete "dimensional requirements" and substitute "development regulations".

SB472-SA1,2,13 6. Page 3, line 6: delete "ordinance" and substitute "ordinance.".

SB472-SA1,2,14 7. Page 3, line 7: delete lines 7 and 8.

SB472-SA1,2,15 8. Page 3, line 10: delete "reconstruction,".

SB472-SA1,2,17 9. Page 3, line 11: delete lines 11 and 12 and substitute "nonconforming structure.".

SB472-SA1,2,18 10. Page 3, line 13: delete lines 13 to 25.

SB472-SA1,2,19 11. Page 4, line 2: delete lines 2 to 6 and substitute:

SB472-SA1,2,20 "59.692 (2m) (a) In this subsection:

SB472-SA1,2,23 1. "Development regulations" means the part of a shoreland zoning ordinance enacted under this section that applies to elements including setback, height, lot coverage, and side yard.

SB472-SA1,3,4 2. "Nonconforming structure" means a dwelling or other building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current shoreland zoning ordinance.".

SB472-SA1,3,6 12. Page 4, line 8: delete "regulates the use," and substitute "does any of the following:".

SB472-SA1,3,7 13. Page 4, line 8: before "location" insert:

SB472-SA1,3,8 "1. Regulates the".

SB472-SA1,3,9 14. Page 4, line 11: after that line insert:

SB472-SA1,3,12 "2. Regulates the construction of a structure or building on a substandard lot if that provision is more restrictive than the shoreland zoning standards for substandard lots promulgated by the department under this section.".

SB472-SA1,3,14 15. Page 4, line 14: delete "regulates the use," and substitute "does any of the following:".

SB472-SA1,3,15 16. Page 4, line 14: before "location" insert:

SB472-SA1,3,16 "1. Regulates the".

SB472-SA1,3,17 17. Page 4, line 17: after that line insert:

SB472-SA1,3,20 "2. Regulates the construction of a structure or building on a substandard lot if that provision is more restrictive than the shoreland zoning standards for substandard lots promulgated by the department by rule under this section.

SB472-SA1, s. 3e Section 3e. 60.61 (5) (a) of the statutes is renumbered 60.61 (5) (am).

SB472-SA1, s. 3k Section 3k. 60.61 (5) (ab) of the statutes is created to read:

SB472-SA1,4,2 60.61 (5) (ab) In this subsection "nonconforming use" means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

SB472-SA1, s. 3m Section 3m. 60.61 (5) (e) 1. of the statutes is amended to read:

SB472-SA1,4,9 60.61 (5) (e) 1. In this paragraph, "amortization ordinance" means an ordinance that allows the continuance of the lawful use of a nonconforming building, premises, structure, or fixture that may be lawfully used as described under par. (a) (am), but only for a specified period of time, after which the lawful use of such building, premises, structure, or fixture must be discontinued without the payment of just compensation.

SB472-SA1, s. 3n Section 3n. 60.61 (5) (e) 2. of the statutes is amended to read:

SB472-SA1,4,13 60.61 (5) (e) 2. Subject to par. (a) (am), an ordinance enacted under this section may not require the removal of a nonconforming building, premises, structure, or fixture by an amortization ordinance.".

SB472-SA1,4,15 18. Page 4, line 21: delete "Dimensional requirements" and substitute "Development regulations".

SB472-SA1,4,16 19. Page 4, line 25: after "enacted" insert "or amended".

SB472-SA1,4,18 20. Page 5, line 1: delete "dimensional requirements" and substitute "development regulations".

SB472-SA1,4,19 21. Page 5, line 1: delete "ordinance" and substitute "ordinance.".

SB472-SA1,4,20 22. Page 5, line 2: delete lines 2 and 3.

SB472-SA1,4,21 23. Page 5, line 5: delete "reconstruction,".

SB472-SA1,4,23 24. Page 5, line 6: delete lines 6 and 7 and substitute: "nonconforming structure.".

SB472-SA1,5,1 25. Page 5, line 7: after that line insert:

SB472-SA1,5,2 " Section 4m. 62.23 (7) (a) of the statutes is renumbered 62.23 (7) (am).

SB472-SA1, s. 4p Section 4p. 62.23 (7) (ab) of the statutes is created to read:

SB472-SA1,5,7 62.23 (7) (ab) Definition. In this subsection "nonconforming use" means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.".

SB472-SA1,5,9 26. Page 5, line 11: delete "Dimensional requirements" and substitute "Development regulations".

SB472-SA1,5,10 27. Page 5, line 15: after "enacted" insert "or amended".

SB472-SA1,5,12 28. Page 5, line 16: delete "dimensional requirements" and substitute "development regulations".

SB472-SA1,5,13 29. Page 5, line 16: delete "ordinance" and substitute "ordinance.".

SB472-SA1,5,14 30. Page 5, line 17: delete lines 17 and 18.

SB472-SA1,5,15 31. Page 5, line 20: delete "reconstruction,".

SB472-SA1,5,17 32. Page 5, line 21: delete lines 21 and 22 and substitute: "nonconforming structure.".

SB472-SA1,5,18 33. Page 5, line 22: after that line insert:

SB472-SA1,5,19 " Section 6m. 62.23 (7a) (intro.) of the statutes is amended to read:

SB472-SA1,6,2 62.23 (7a) Extraterritorial zoning. (intro.) The governing body of any city which has created a city plan commission under sub. (1) and has adopted a zoning ordinance under sub. (7) may exercise extraterritorial zoning power as set forth in this subsection. Insofar as applicable sub. (7) (a) (am), (b), (c), (ea), (h) and (i) shall apply to extraterritorial zoning ordinances enacted under this subsection. This subsection shall also apply to the governing body of any village.

SB472-SA1, s. 6s Section 6s. 92.15 (5) of the statutes is amended to read:

SB472-SA1,6,10 92.15 (5) Any livestock operation that exists on October 14, 1997, and that is required to obtain a permit under s. 283.31 or that receives a notice of discharge under ch. 283 may continue to operate as a livestock operation at the same location notwithstanding s. 59.69 (10) (a) (am) or 62.23 (7) (h) or any zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7), if the livestock operation is a lawful use or a legal nonconforming use under any zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35 or 62.23 (7) on October 14, 1997.".

SB472-SA1,6,11 (End)