SB639: Bill Text

SB639,292,15 2. Contract for superintendence of the system with any an organization which has personnel with the experience and skill necessary.

SB639,292,18 3. Delegate responsibility for the operation and maintenance of the system to any an appropriate administrative officer, board or commission of the county notwithstanding s. 59.965 59.83 or any other statute.

SB639,292,20 4. Maintain and improve a railroad right-of-way and improvements thereon on the right-of-way for future use.

SB639, s. 473 Section 473. 59.968 (7m), (8) and (9) of the statutes are renumbered 59.58 (3) (h), (i) and (j) and amended to read:

SB639,292,24 59.58 (3) (h) 1. A county may contract under s. 66.30 to establish a joint transit commission with other municipalities, as defined under s. 66.30 (1).

SB639,293,11 2. Notwithstanding any other provision of this section subsection, no joint transit commission under par. (a) subd. 1. may provide service outside the corporate limits of the parties to the contract under s. 66.30 which establish the joint transit commission unless the joint transit commission receives financial support for the service pursuant to under a contract with a public or private organization for such the service. This paragraph subdivision does not apply to service provided by a joint transit commission outside the corporate limits of the parties to the contract under s. 66.30 which establish the joint transit commission if the joint transit commission is providing the service on April 28, 1994, without receiving financial support from a public or private organization for the service, and elects to continue such the service.

SB639,293,13 (i) Subsections (4) to (7m) (a) Paragraphs (d) to (h) 1. shall only apply if a county board by a two-thirds vote of its membership so authorizes.

SB639,293,22 (j) 1. Notwithstanding any other provision of this section subsection, no county which acquires a transportation system under this section subsection may provide service outside the corporate limits of such the county unless the county receives financial support for the service pursuant to under a contract with a public or private organization for such the service. This subsection paragraph does not apply to service provided by a county outside the corporate limits of such the county if the county is providing the service on April 28, 1994, without receiving financial support from a public or private organization for the service, and elects to continue such the service.

SB639,294,7 2. Notwithstanding any other provision of this section subsection, no county which establishes a transportation system under this section subsection may contract with an operator to provide service under sub. (7) (a) par. (g) 1. outside the corporate limits of such the county unless the county receives financial support for the service pursuant to under a contract with a public or private organization for such the service. This paragraph subdivision does not apply to service provided under sub. (7) (a) par. (g) 1. outside the corporate limits of a county pursuant to under a contract between the county and an operator if an operator is providing the service on April 28, 1994, without receiving financial support from a public or private organization for the service, and the county elects to continue such the service.

SB639, s. 474 Section 474. 59.969 of the statutes is renumbered 59.58 (4), and 59.58 (4) (a), (b) (intro.), 1., 2. and 4. to 6., (c) and (d), as renumbered, are amended to read:

SB639,294,12 59.58 (4) (a) Any county A board acquiring a transportation system under s. 59.968 (4) sub. (3) (d) shall assume all the employer's obligations under any contract between the employes and management of the system.

SB639,294,16 (b) (intro.) Any county A board acquiring, constructing, controlling or operating a transportation system under s. 59.968 (4) sub. (3) (d) shall negotiate an agreement protecting the interests of employes affected by the acquisition, construction, control or operation. Such agreements shall include, but are not limited to, provisions for:

SB639,294,18 1. The preservation of rights, privileges and benefits under any an existing collective bargaining agreement or other agreement.

SB639,294,20 2. The preservation of rights and benefits under any existing pension plans covering prior service, and continued participation in social security.

SB639,294,23 4. The protection of individual employes against a worsening of their positions with respect to their employment to the extent provided by section 13 (c) of the urban mass transportation act, as amended (49 USC 1609 (c)).

SB639,294,25 5. Assurances of employment to employes of such the transportation systems and priority of reemployment of employes who are terminated or laid off.

SB639,295,4 6. Assurances of first opportunity of employment in order of seniority to employes of any nonacquired system, affected by any a new, competitive or supplemental public transportation system, in any unfilled nonsupervisory positions for which they can qualify after a reasonable training period.

SB639,295,7 (c) Any An agreement under sub. (2) par. (b) may include provisions for the submission of labor disputes to final and binding arbitration by an impartial umpire or board of arbitration acceptable to the parties.

SB639,295,9 (d) In all negotiations under this section subsection, the county executive, if such office exists in the county, shall be a member of the county negotiating body.

SB639, s. 475 Section 475. 59.97 of the statutes is renumbered 59.69, and 59.69 (1), (2), (3) (a), (b) 1. and 2. and (c) to (e), (4) (intro.), (c), (f) and (k) and (4c) to (15), as renumbered, are amended to read:

SB639,296,4 59.69 (1) Purpose. It is the purpose of this section to promote the public health, safety, convenience and general welfare; to encourage planned and orderly land use development; to protect property values and the property tax base; to permit the careful planning and efficient maintenance of highway systems; to ensure adequate highway, utility, health, educational and recreational facilities; to recognize the needs of agriculture, forestry, industry and business in future growth; to encourage uses of land and other natural resources which are in accordance with their character and adaptability; to provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems; to encourage the protection of groundwater resources; to preserve wetlands; to conserve soil, water and forest resources; to protect the beauty and amenities of landscape and man-made developments; to provide healthy surroundings for family life; and to promote the efficient and economical use of public funds. To accomplish this purpose the county board of any county may plan for the physical development and zoning of territory within the county as set forth in this section and shall incorporate therein the master plan adopted under s. 62.23 (2) or (3) and the official map of any city or village in the county adopted under s. 62.23 (6).

SB639,296,12 (2) Planning and zoning agency or commission. (a) 1. Except as provided under subd. 2., the county board of any county may create a planning and zoning committee as a county board agency or may create a planning and zoning commission consisting wholly or partially of persons who are not members of the county board, designated the county zoning agency. In lieu of creating a committee or commission for this purpose, the county board may designate a previously established committee or commission as the county zoning agency, authorized to act in all matters pertaining to county planning and zoning.

SB639,296,16 2. If the county board in any a county with a county executive authorizes the creation of a county planning and zoning commission, designated the county zoning agency, the county executive shall appoint the commission, subject to confirmation by the county board.

SB639,296,25 3. If a county planning and zoning commission is created under subd. 2., the county executive may appoint, for staggered 3-year terms, 2 alternate members of the commission, who are subject to confirmation by the board. Annually, the county executive shall designate one of the alternate members as first alternate and the other as 2nd alternate. The first alternate shall act, with full power, only when a member of the commission refuses to vote because of a conflict of interest or when a member is absent. The 2nd alternate shall act only when the first alternate refuses to vote because of a conflict of interest or is absent, or if more than one member of the commission refuses to vote because of a conflict of interest or is absent.

SB639,297,3 (b) From its members, the county zoning agency shall elect a chairperson whose term shall be for 2 years, and the county zoning agency may create and fill such other offices as it determines.

SB639,297,11 (bm) The head of the county zoning agency appointed under s. 59.97 sub. (10) (b) 2. shall have the administrative powers and duties specified for the county zoning agency under this section, and the county zoning agency shall be only a policy-making body determining the broad outlines and principles governing such administrative powers and duties and shall be a quasi-judicial body with decision-making power including that includes but is not limited to conditional use, planned unit development and rezoning. The building inspector shall enforce all laws, ordinances, rules and regulations under this section.

SB639,297,15 (c) Subject to change by the county board, the county zoning agency may adopt such rules and regulations governing its procedure as it considers necessary or advisable. The county zoning agency shall keep a record of its planning and zoning studies, its resolutions, transactions, findings and determinations.

SB639,297,22 (d) The county may accept, review and expend funds, grants and services and may contract with respect thereto and may provide such information and reports as may be necessary to secure such financial aid and services, and within such funds as may be made available, the county zoning agency may employ, or contract for the services of, such professional planning technicians and staff as are deemed considered necessary for the discharge of the duties and responsibilities of the county zoning agency.

SB639,298,2 (e) Wherever a public hearing is specified under this section, the hearing shall be conducted by the county zoning agency in the county courthouse or in such other appropriate place as may be selected by the county zoning agency. The county zoning agency shall give notice of the public hearing by publication in the county as a class 2 notice, under ch. 985.

SB639,298,6 (f) Whenever a county development plan, part thereof or amendment thereto is adopted by, or a zoning ordinance or amendment thereto is adopted enacted by, the county board, a duplicate copy shall be certified by the county clerk and sent to the municipal clerks of the cities, towns or villages municipalities affected thereby.

SB639,298,15 (3) (a) The county zoning agency shall direct the preparation of a county development plan or parts thereof for the physical development of the unincorporated territory within the county and areas within incorporated jurisdictions whose governing bodies by resolution agree to having their areas included in the county's development plan. Such The plan may be adopted in whole or in part and may be amended by the county board and indorsed endorsed by the governing bodies of any incorporated jurisdictions included in the plan. The county development plan, in whole or in part, in its original form or as amended, is hereafter referred to as the development plan.

SB639,298,22 (b) 1. Comprehensive surveys, studies and analyses of the history, existing land use, population and population density, economy, soil characteristics, forest cover, wetland and floodplain conditions and other human and natural features of the county and shall include the master plan, if any, of any city or village, which was adopted pursuant to under s. 62.23 (2) or (3) and the official map, if any, of such city or village which was adopted pursuant to under s. 62.23 (6) in such county, without change.

SB639,299,8 2. Based on such the comprehensive surveys, studies and analyses, the plan may identify goals and objectives for the future physical development of the county with respect to: public and private use of land and other natural resources; highways including bridges, viaducts, parkways and other public ways; parks, playgrounds, hunting and fishing grounds, forests and other facilities of a recreational nature; public buildings and institutions including schools; sanitary and storm sewers, drainage and measures for disposal of refuse and waste; reducing and preventing stream and lake pollution; flood control; public and private utilities including water, light, heat, transportation, pipelines and other services; industrial and commercial sites; historic districts; and other factors which will improve the physical and economic situation of the county.

SB639,299,12 (c) The development plan may be in the form of descriptive material, reports, charts, diagrams or maps. Each element of the development plan shall describe its relationship to other elements of the plan and to statements of goals, objectives, principles, policies or standards.

SB639,299,19 (d) The county zoning agency shall hold a public hearing on the development plan before approving it. After approval of the plan the county zoning agency shall submit the plan to the county board for its approval and adoption. The plan shall be adopted by resolution and when adopted it shall be certified as provided in sub. (2) (f). The development plan shall serve as a guide for public and private actions and decisions to assure the development of public and private property in appropriate relationships.

SB639,299,23 (e) A master plan adopted under s. 62.23 (2) and (3) and an official map that is established under s. 62.23 (6) shall control in unincorporated territory in a county affected thereby, whether or not such action occurs prior to before the adoption of a development plan.

SB639,300,6 (4) Extent of power. (intro.) For the purpose of promoting the public health, safety and the general welfare the county board of any county may by ordinance effective within the areas within such county outside the limits of incorporated villages and cities establish districts of such number, shape and area, and adopt such regulations for each such district as the county board shall deem considers best suited to carry out the purposes of this section. The powers granted by this section shall be exercised through an ordinance which may, subject to sub. (4e), determine, establish, regulate and restrict:

SB639,300,9 (c) The areas in and along, or in or along, natural watercourses, channels, streams and creeks in which trades or industries, filling or dumping, erection of structures and the location of buildings may be prohibited or restricted.

SB639,300,12 (f) The location of buildings and structures that are designed for specific uses and designation of uses for which buildings and structures may not be used or altered.

SB639,300,14 (k) The percentage of a lot which may be occupied, size of yards, courts and other open spaces.

SB639,300,18 (4c) Construction site ordinance limits. Except as provided in s. 101.1205 (5m), an ordinance that is enacted under sub. (4) may only include provisions that are related to construction site erosion control if those provisions are limited to sites where the construction activities do not include the construction of a building.

SB639,300,22 (4d) Antenna facilities. The board may not enact an ordinance or adopt a resolution on or after May 6, 1994, or continue to enforce an ordinance or resolution on or after May 6, 1994, that affects satellite antennas with a diameter of 2 feet or less unless one of the following applies:

SB639,300,24 (a) The ordinance or resolution has a reasonable and clearly defined aesthetic or public health or safety objective.

SB639,301,3 (b) The ordinance or resolution does not impose an unreasonable limitation on, or prevent, the reception of satellite-delivered signals by a satellite antenna with a diameter of 2 feet or less.

SB639,301,6 (c) The ordinance or resolution does not impose costs on a user of a satellite antenna with a diameter of 2 feet or less that exceed 10% of the purchase price and installation fee of the antenna and associated equipment.

SB639,301,14 (4e) Migrant labor camps. The board may not enact an ordinance or adopt a resolution that interferes with any repair or expansion of migrant labor camps, as defined in s. 103.90 (3), that are in existence on May 12, 1992, if the repair or expansion is required by an administrative rule that is promulgated by the department of industry, labor and job development under ss. 103.90 to 103.97. An ordinance or resolution of the county that is in effect on May 12, 1992, and that interferes with any repair or expansion of existing migrant labor camps that is required by such an administrative rule is void.

SB639,301,19 (4g) Airport areas. In any a county which has created a county zoning agency under sub. (2) (a), the county's development plan shall include the location of any part of an airport, as defined in s. 62.23 (6) (am) 1. a., that is located in the county and of any part of an airport affected area, as defined in s. 62.23 (6) (am) 1. b., that is located in the county.

SB639,302,4 (4m) Historic preservation. Any A county, as an exercise of its zoning and police powers for the purpose of promoting the health, safety and general welfare of the community and of the state, may regulate by ordinance any place, structure or object with a special character, historic interest, aesthetic interest or other significant value, for the purpose of preserving the place, structure or object and its significant characteristics. The county may create a landmarks commission to designate historic landmarks and establish historic districts. The county may regulate all historic landmarks and all property within each historic district to preserve the historic landmarks and property within the district and the character of the district.

SB639,302,11 (5) Formation of zoning ordinance; procedure. (a) When the county zoning agency has completed a draft of a proposed zoning ordinance, it shall hold a public hearing thereon, following publication in the county of a class 2 notice, under ch. 985. After such hearing the agency may make such revisions in the draft as it shall deem considers necessary, or it may submit the draft without revision to the county board with recommendations for adoption. Proof of publication of the notice of the public hearing held by such agency shall be attached to its report to the county board.

SB639,302,19 (b) When the draft of such the ordinance, recommended for adoption enactment by the zoning agency, is received by the county board, it may adopt enact the ordinance as submitted, or reject it, or return it to the agency with such recommendations as the county board may see fit to make. In the event of such return subsequent procedure by the agency shall be as if the agency were acting under the original directions. When adopted enacted, duplicate copies of the ordinance shall be submitted by the county clerk by registered mail to each town clerk for consideration by the town board.

SB639,303,5 (c) A county ordinance enacted as provided by under this section shall not be effective in any town until it has been approved by the town board. If the town board approves an ordinance enacted by the county board, as provided by under this section, a certified copy of the approving resolution attached to one of the copies of such ordinance submitted to the town board shall promptly be filed with the county clerk by the town clerk. Such The ordinance shall become effective in such the town as of the date of such the filing, which filing shall be recorded by the county clerk in the clerk's office, reported to the town board and the county board, and printed in the proceedings of the county board. Such The ordinance shall supersede any prior town ordinance in conflict therewith or which is concerned with zoning, except as provided by s. 60.62.

SB639,303,16 (d) The county board may by a single ordinance repeal an existing county zoning ordinance and reenact a comprehensive revision thereto in accordance with this section. "Comprehensive revision" as used herein , in this paragraph, means a complete rewriting of an existing zoning ordinance which changes numerous zoning provisions and alters or adds zoning districts. The comprehensive revision may provide that the existing ordinance shall remain in effect in a town for a period of up to one year or until the comprehensive revision is approved by the town board, whichever period is shorter. If the town board fails to approve the comprehensive revision within a year neither the existing ordinance nor the comprehensive revision shall be in force in that town. Any repeal and reenactment prior to November 12, 1965, which would be valid under this paragraph is hereby validated.

SB639,303,19 (e) The county board may amend the regulations of an ordinance or change the district boundaries. The procedure with reference to for such amendments or changes shall be is as follows:

SB639,304,4 1. A petition for amendment of any a county zoning ordinance may be made by any a property owner in the area to be affected by the amendment, by the town board of any town wherein in which the ordinance is in effect; by any member of the county board or by the agency designated by the county board to consider county zoning matters as provided in sub. (2) (a). The petition shall be filed with the county clerk who shall immediately refer it to the county zoning agency for its consideration, report and recommendations. Immediate notice of the petition shall be sent to the county supervisor of any affected district. A reporting report of all petitions referred under this paragraph shall be made to the county board at its next succeeding meeting.

SB639,304,12 2. Upon receipt of such the petition by such the agency it shall call a public hearing thereon on the petition. Notice of the time and place of such the hearing shall be given by publication in the county of a class 2 notice, under ch. 985. A copy of such the notice shall be mailed by registered mail to the town clerk of each town affected by the proposed amendment at least 10 days prior to the date of such hearing. If such the petition is for any change in an airport affected area, as defined in s. 62.23 (6) (am) 1. b., the agency shall mail a copy of such the notice to the owner or operator of the airport bordered by the airport affected area.

SB639,304,22 3. Except as provided under subd. 3m., if a town affected by the proposed amendment disapproves of the proposed amendment, the town board of such the town may file a certified copy of the resolution adopted by such the board disapproving of the petition with the agency prior to before, at or within 10 days after the public hearing. If the town board of the town affected in the case of an ordinance relating to the location of boundaries of districts files such a resolution, or the town boards of a majority of the towns affected in the case of all other amendatory ordinances file such resolutions, the agency may not recommend approval of the petition without change, but may only recommend approval with change or recommend disapproval.

SB639,305,4 3m. Any A town may extend its time for disapproving any proposed amendment under subd. 3. by 20 days if the town board adopts a resolution providing for the extension and files a certified copy of the resolution with the county clerk of the county in which the town is located. The 20-day extension shall remain in effect until the town board adopts a resolution rescinding the 20-day extension and files a certified copy of the resolution with the county clerk of the county in which the town is located.

SB639,305,16 4. As soon as possible after such the public hearing, the agency shall act, subject to subd. 3., on such the petition either approving, modifying and approving, or disapproving of the same it. If its action is favorable to granting the requested change or any modification thereof, it shall cause an ordinance to be drafted effectuating its determination and shall submit such the proposed ordinance directly to the county board with its recommendations. If the agency after its public hearing shall recommend recommends denial of the petition it shall report its recommendation directly to the county board with its reasons for such the action. Proof of publication of the notice of the public hearing held by such the agency and proof of the giving of notice to the town clerk of such the hearing shall be attached to either such report. Notification of town board resolutions filed under subd. 3. shall be attached to either such report.

SB639,305,22 5. Upon receipt of such the agency report the county board may adopt enact the ordinance as drafted by the zoning agency or with amendments, or it may deny the petition for amendment, or it may refuse to deny the petition as recommended by the agency in which case it shall rerefer the petition to the agency with directions to draft an ordinance to effectuate the petition and report the same ordinance back to the county board which may then adopt enact or reject such the ordinance.

SB639,306,12 5g. If a protest against a proposed amendment is filed with the county clerk at least 24 hours prior to the date of the meeting of the county board at which the report of the zoning agency under subd. 4. is to be considered, duly signed and acknowledged by the owners of 50% or more of the area proposed to be altered, or by abutting owners of over 50% of the total perimeter of the area proposed to be altered included within 300 feet of the parcel or parcels proposed to be rezoned, action on such the ordinance may be deferred until the zoning agency has had a reasonable opportunity to ascertain and report to the county board as to the authenticity of such the ownership statements. Each signer shall state the amount of area or frontage owned by that signer and shall include a description of the lands owned by that signer. If such the statements are found to be true, such the ordinance shall may not be adopted enacted except by the affirmative vote of three-fourths of the members of the county board of supervisors present and voting. If such the statements are found to be untrue to the extent that the required frontage or area ownership is not present such the protest may be disregarded.

SB639,306,20 5m. If a proposed amendment under this paragraph would make any change in an airport affected area, as defined under s. 62.23 (6) (am) 1. b., and the owner or operator of the airport bordered by the airport affected area files a protest against the proposed amendment with the county clerk at least 24 hours prior to the date of the meeting of the county board at which the report of the zoning agency under subd. 4. is to be considered, no ordinance which makes such a change may be adopted enacted except by the affirmative vote of two-thirds of the county members of the board of supervisors present and voting.

SB639,308,2 6. If any such an amendatory ordinance makes only the change sought in the petition and if the petition was not disapproved prior to, at or within 10 days under subd. 3. or 30 days under subd. 3m., whichever is applicable, after the public hearing by the town board of the town affected in the case of an ordinance relating to the location of district boundaries or by the town boards of a majority of the towns affected in the case of all other amendatory ordinances, it shall become effective on passage. The county clerk shall record in the clerk's office the date on which the ordinance becomes effective and notify the town clerk of all towns affected by such the ordinance of such the effective date and also insert such the effective date in the proceedings of the county board. Any other such amendatory ordinance when so adopted enacted shall within 7 days thereafter be submitted in duplicate by the county clerk by registered mail to the town clerk of each town in which lands affected by such the ordinance are located. If after 40 days from the date of such adoption the enactment a majority of such the towns have not filed certified copies of resolutions disapproving such the amendment with the county clerk, or if, within a shorter time a majority of the towns in which the ordinance is in effect have filed certified copies of resolutions approving the amendment with the county clerk, the amendment shall thereupon be in effect in all of the towns affected by the ordinance. Any such ordinance relating to the location of boundaries of districts shall within 7 days after adoption enactment by the county board be transmitted by the county clerk by registered mail only to the town clerk of the town in which the lands affected by such the change are located and shall become effective 40 days after the adoption enactment of the ordinance by the county board unless such town board prior to such date files a certified copy of a resolution disapproving of such the ordinance with the county clerk. If such town board approves the ordinance, said the ordinance shall become effective upon the filing of the resolution of the town board approving same the ordinance with the county clerk. The county clerk shall record in the clerk's office the date on which the ordinance becomes effective and notify the town clerk of all towns affected by such ordinance of such effective date and also make such report to the county board, which report shall be printed in the proceedings of the county board.

SB639,308,14 7. When any lands previously under the jurisdiction of a county zoning ordinance have been finally removed from such jurisdiction by reason of annexation to an incorporated municipality, and after the regulations imposed by the county zoning ordinance have ceased to be effective as provided in sub. (7), the county board may, on the recommendation of its zoning agency, adopt such enact amendatory ordinances as shall that remove or delete such the annexed lands from the official zoning map or written descriptions without following any of the procedures provided in subds. 1. to 6., and such amendatory ordinances shall become effective upon passage enactment and publication. A copy of such the ordinance shall be forwarded by the county clerk to the clerk of each town in which the lands affected were previously located. Nothing in this paragraph shall be construed to nullify or supersede s. 80.64.

SB639,308,21 (6) Optional additional procedures. Nothing in this section shall be construed to prohibit the zoning agency or, the county board or a town board from adopting any procedures, formal or informal, in addition to those prescribed in this section and not in conflict therewith. Such procedures may, but are not required to, provide for public hearings before the county board. The public hearing provided by sub. (5) (a) and (e) 2. is deemed to be sufficient for the requirements of due process whether or not the county board holds a further public hearing thereafter.

SB639,309,5 (7) Continued effect of ordinance. Whenever any an area which has been subject to a county zoning ordinance petitions to become part of a city or village or city, the regulations imposed by such the county zoning ordinance shall continue in effect, without change, and shall be enforced by such the city or village or city until such the regulations have been changed by official action of the governing body of such the city or village or city, except that in the event an ordinance of annexation is contested in the courts, the county zoning shall prevail and the county shall have jurisdiction over the zoning in the area affected until ultimate determination of the court action.

SB639,309,10 (8) Exchange of tax deeded lands. When any a county acquires lands by tax deeds, the county board may exchange any such lands for other lands in the county for the purpose of promoting the regulation and restriction of agricultural and forestry lands and may exchange such lands for other lands for the purpose of creating a park or recreational area.

SB639,309,18 (9) (title) Zoning of county owned county-owned lands. (a) The county board may by ordinance zone and rezone any lands owned by the county without necessity of securing the approval of the town boards of the towns wherein such the lands are situated and without following the procedure outlined in sub. (5), provided that the county board shall give written notice to the town board of the town wherein such the lands are situated of its intent to so rezone and shall hold a public hearing on the proposed rezoning ordinance and give notice of such the hearing by posting in 5 public places in the town.

SB639,309,22 (b) This subsection does not apply to land that is subject to a town zoning ordinance which is purchased by the county for use as a solid or hazardous waste disposal facility or hazardous waste storage or treatment facility, as these terms are defined under s. 144.43.

SB639,310,7 (10) Nonconforming uses. (a) An ordinance enacted under this section shall may not prohibit the continuance of the lawful use of any building or premises for any trade or industry for which such building or premises is used at the time such that the ordinances take effect, but the alteration of, or addition to, or repair in excess of 50% of its assessed value of any existing building or structure for the purpose of carrying on any prohibited trade or new industry within the district where such buildings or structures are located, may be prohibited. The continuance of the nonconforming use of a temporary structure may be prohibited. If such the nonconforming use is discontinued for a period of 12 months, any future use of the building and premises shall conform to the ordinance.

SB639,310,11 (b) 1. Except as provided under subd. 2., the county board shall designate an officer to administer the zoning ordinance, who may be the secretary of the zoning agency, a building inspector appointed under s. 59.07 (16) 59.698 or other appropriate person.

SB639,310,23 2. Notwithstanding subd. 1. and s. 59.07 (16) 59.698, in any a county with a county zoning agency and a county executive or county administrator, the county executive or county administrator shall appoint and supervise the head of the county zoning agency and the county building inspector, in separate or combined positions. The appointment is subject to confirmation by the county board unless the county board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63. The county board, by resolution or ordinance, may provide that, notwithstanding s. 17.10 (6), the head of the county zoning agency and the county building inspector, whether serving in a separate or combined position, if appointed under this subdivision, may not be removed from his or her position except for cause.

SB639,311,12 3. The officer designated under subd. 1. or 2. shall cause a record to be made immediately after the approval enactment of an ordinance or amendment thereto, or change in district boundary, approved by the town board, of all lands, premises and buildings in the town used for purposes not conforming to the regulations applicable to the district in which they are situated. Such The record shall include the legal description of the lands, the nature and extent of the uses therein, and the names and addresses of the owner or occupant or both. Promptly on its completion such the record shall be published in the county as a class 1 notice, under ch. 985. Such The record, as corrected, shall be on file with the register of deeds 60 days after the last publication and shall be prima facie evidence of the extent and number of nonconforming uses existing on the effective date of the ordinance in the town. Corrections prior to before the filing of the record with the register of deeds may be made on the filing of sworn proof in writing, satisfactory to the officer administering the zoning ordinance.

SB639,311,16 (c) The county board shall prescribe a procedure for the annual listing of nonconforming uses, discontinued or created, since the previous listing and for all other nonconforming uses. Discontinued and newly created nonconforming uses shall be recorded with the register of deeds immediately after the annual listing.

SB639,311,19 (d) Paragraphs (b) and (c) shall not apply to those counties issuing building permits or occupancy permits as a means of enforcing the zoning ordinance or to counties which have provided other procedures for this purpose.

SB639,312,5 (11) Procedure for enforcement of county zoning ordinance. The county board shall prescribe such rules and , regulations and administrative procedures, and provide such administrative personnel as it may deem considers necessary for the enforcement of the provisions of this section, and all ordinances enacted in pursuance thereof. Such The rules and regulations and the districts, setback building lines and regulations authorized by this section, shall be prescribed by ordinances which shall be declared to be for the purpose of promoting the public health, safety and the general welfare. Such The ordinances shall be enforced by appropriate fines and penalties forfeitures. Compliance with such ordinances may also be enforced by injunctional order at the suit of such the county or the an owner or owners of real estate within the district affected by such the regulation.

SB639,312,8 (12) Prior ordinances effective. Nothing in this section shall invalidate any county zoning ordinance adopted pursuant to enacted under statutes in effect prior to before July 20, 1951.

SB639,312,11 (13) Construction of section. The powers herein granted in this section shall be liberally construed in favor of the county exercising them, and this section shall not be construed to limit or repeal any powers now possessed by any such a county.

SB639,312,19 (14) Limitation of actions. A landowner, occupant or other person who is affected by a county zoning ordinance or amendment, who claims that the ordinance or amendment is invalid because procedures prescribed by the statutes or the ordinance were not followed, shall commence an action within the time provided by s. 893.73 (1), except this subsection and s. 893.73 (1) do not apply unless there has been at least one publication of a notice of a zoning hearing in a local newspaper of general circulation and unless there has been held a public hearing on the ordinance or amendment at the time and place specified in the notice.

SB639,312,24 (15) Community and other living arrangements. For purposes of this section, the location of a community living arrangement, as defined in s. 46.03 (22), a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1), in any city, village or town municipality, shall be subject to the following criteria:

SB639,313,7 (a) No community living arrangement may be established after March 28, 1978, within 2,500 feet, or any lesser distance established by an ordinance of a city, town or village municipality, of any other such facility. Agents of a facility may apply for an exception to this requirement, and such exceptions may be granted at the discretion of the local municipality. Two community living arrangements may be adjacent if the local municipality authorizes that arrangement and if both facilities comprise essential components of a single program.

SB639,313,20 (b) 1. Community living arrangements shall be permitted in each city, village or town municipality without restriction as to the number of facilities, so long as the total capacity of the community living arrangements does not exceed 25 or one percent 1% of the municipality's population, whichever is greater. When the capacity of the community living arrangements in the municipality reaches that total, the municipality may prohibit additional community living arrangements from locating in the municipality. In any city, village or town municipality, when the capacity of community living arrangements in an aldermanic district in a city or a ward in a village or town reaches 25 or one percent 1% of the population, whichever is greater, of the district or ward, the municipality may prohibit additional community living arrangements from being located within the district or ward. Agents of a facility may apply for an exception to the requirements of this subdivision, and such exceptions may be granted at the discretion of the municipality.

SB639,314,2 2. No community living arrangement may be established after January 1, 1995, within 2,500 feet, or any lesser distance established by an ordinance of the city, village or town municipality, of any other such facility. Agents of a facility may apply for an exception to this requirement, and exceptions may be granted at the discretion of the city, village or town municipality. Two community living arrangements may be adjacent if the city, village or town municipality authorizes that arrangement and if both facilities comprise essential components of a single program.

SB639,314,9 (bm) A foster home or a treatment foster home that is the primary domicile of a foster parent or treatment foster parent and that is licensed under s. 48.62 or an adult family home certified under s. 50.032 (1m) (b) shall be a permitted use in all residential areas and is not subject to pars. (a) and (b) except that foster homes and treatment foster homes operated by corporations, child welfare agencies, churches religious associations, as defined in s. 157.061 (15), associations or public agencies shall be subject to pars. (a) and (b).

SB639,314,15 (br) 1. No adult family home described in s. 50.01 (1) (b) may be established within 2,500 feet, or any lesser distance established by an ordinance of the city, town or village municipality, of any other adult family home described in s. 50.01 (1) (b) or any community living arrangement. An agent of an adult family home described in s. 50.01 (1) (b) may apply for an exception to this requirement, and the exception may be granted at the discretion of the city municipality.

SB639,314,20 2. An adult family home described in s. 50.01 (1) (b) that meets the criteria specified in subd. 1. and that is licensed under s. 50.033 (1m) (b) is permitted in the city, town or village municipality without restriction as to the number of adult family homes and may locate in any residential zone, without being required to obtain special zoning permission except as provided in par. (i).

SB639,315,2 (c) In all cases where Where the community living arrangement has capacity for 8 or fewer persons being served by the program, meets the criteria listed in pars. (a) and (b), and is licensed, operated or permitted under the authority of the department of health and family services, that facility is entitled to locate in any residential zone, without being required to obtain special zoning permission except as provided in par. (i).

SB639,315,11 (d) In all cases where Where the community living arrangement has capacity for 9 to 15 persons being served by the program, meets the criteria listed in pars. (a) and (b), and is licensed, or operated or permitted under the authority of the department of health and family services, the facility is entitled to locate in any residential area except areas zoned exclusively for single-family or 2-family residences, except as provided in par. (i), but is entitled to apply for special zoning permission to locate in those areas. The local municipality may grant special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.

SB639,315,18 (e) In all cases where Where the community living arrangement has capacity for serving 16 or more persons, meets the criteria listed in pars. (a) and (b), and is licensed, operated or permitted under the authority of the department of health and family services, that facility is entitled to apply for special zoning permission to locate in areas zoned for residential use. The local municipality may grant special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.

SB639,315,22 (f) The department of health and family services shall designate a single subunit within the department to maintain appropriate records indicating the location and the capacity of each community living arrangement, and such the information shall be available to the public.