AB737: Bill Text

AB737,5,21 (2) Zoning mitigation committee. (a) Designation, creation. Not later than the first day of the 6th month beginning after publication .... [revisor inserts date], a political subdivision shall designate a zoning mitigation committee. The zoning mitigation committee shall be an existing or newly created committee of the political subdivision's governing body or a separate committee, other than a board of adjustment or appeals under s. 59.694, 60.65 or 62.23 (7) (e), that is not part of the political subdivision's governing body.

AB737,6,5 (b) Committee membership. If the zoning mitigation committee designated under par. (a) is a separate committee, it shall consist of 5 members who shall be appointed by the chief executive officer of the political subdivision, subject to confirmation of the governing body. Members shall serve for 2- year terms and may be reappointed, except that 3 of the initial appointees shall serve for one-year terms. A member may be removed during his or her term by the chief executive officer for just cause. A member shall receive compensation at a rate set by the governing body. A member of the governing body may be appointed by the chief executive officer to the zoning mitigation committee.

AB737,6,11 (c) Committee officers, procedures. If the zoning mitigation committee designated under par. (a) is a newly created committee, the chief executive officer of the political subdivision shall select the chairperson of the committee, and the committee shall elect from among its members a vice chairperson and secretary. The committee shall determine its own rules of operation. All expenses of the committee shall be paid by the political subdivision.

AB737,6,15 (3) Mitigation request procedures, limitations. (a) If a landowner believes that an action taken by a governing body places an inordinate burden on the landowner, the landowner may file a mitigation request with the zoning mitigation committee under sub. (2) not later than one year after the effective date of the action.

AB737,6,19 (b) No request for mitigation may be made under par. (a), or maintained once filed, if the political subdivision makes a written offer to purchase the landowner's real property, which the landowner believes is subject to an inordinate burden, at the current appraised value of the real property.

AB737,6,24 (c) The zoning mitigation committee may require the landowner to provide information or documentation, such as appraisals of the landowner's real property or appraisals that demonstrate the real property's loss of value that may be attributable to an action, that supports the landowner's mitigation request relating to the inordinate burden.

AB737,7,11 (4) Procedures. (a) Committee meetings. The zoning mitigation committee shall meet within 30 days after receiving a mitigation request under sub. (3) and shall decide, not later than 90 days after receiving a mitigation request, whether a landowner is subject to an inordinate burden. In reaching its decision, the zoning mitigation committee shall use the criteria described under par. (b). The committee may reach its decision only after holding at least one public hearing on the mitigation request at which the landowner, the governing body responsible for the action that led to the filing of the mitigation request and any other interested party may appear. No public hearing may be held under this paragraph unless a class 1 notice under ch. 985 is published at least 7 days before the scheduled hearing. The committee shall forward its decision, in writing, to the governing body and to the landowner.

AB737,7,14 (b) Mitigation criteria. In determining whether an inordinate burden is placed on a landowner, a zoning mitigation committee shall consider at least all of the following factors:

AB737,7,18 1. The history of the development and the use of the real property; whether the real property has been subdivided and, if so, how, when and to whom it was sold; whether plats were filed or recorded; and whether sewer, water, electricity or other infrastructure was added to the property.

AB737,7,22 2. The history of environmental protection, land use controls and other regulations that applied to the real property, including how and when the property was classified, the nature of restrictions on density or development that applied to the property and what changes in classifications applied to the real property.

AB737,7,24 3. The current land use restrictions and zoning ordinances, regulations and resolutions that apply to each parcel of the landowner's real property.

AB737,8,4 4. The reasonable expectations of the landowner for developing or using the property at the time the landowner acquired the property, or immediately before the effective date of the action that led the landowner to file a mitigation request, whichever is later.

AB737,8,9 5. The public purpose to be achieved by the action, including the nature and magnitude of the problem addressed by the action; whether the action is necessary to achieve the public purpose; and whether an alternate action could achieve the public purpose and permit reduced restrictions on the use, density or development potential of the real property.

AB737,8,12 6. The uses, density or development that may occur on the real property under land use plans and zoning ordinances, regulations or resolutions that are currently in effect in the political subdivision.

AB737,8,14 7. Actions that apply to similar real property that restrict the use, density and development potential of such similar real property.

AB737,8,19 8. Whether the assessed value of the real property declined in the current year compared to the immediately preceding year and, if so, whether the decline, in the opinion of the assessor of the taxation district in which the real property is located, is directly attributable to the action that caused the landowner to file the request for mitigation.

AB737,8,21 9. Any other information from any source that the committee considers relevant.

AB737,9,3 (c) Committee decisions. 1. If the zoning mitigation committee decides that the landowner is subject to an inordinate burden, the governing body shall mitigate the inordinate burden by instituting one or more of the mitigation remedies under sub. (5). The landowner, a taxpayer who resides in the political subdivision or the governing body of the political subdivision may appeal the committee's decision to the circuit court within 60 days after a written copy of the decision is forwarded to the governing body under sub. (4) (a).

AB737,9,8 2. a. If the zoning mitigation committee decides that the landowner is not subject to an inordinate burden, the landowner, a taxpayer who resides in the political subdivision or the governing body of the political subdivision may appeal the committee's decision to the circuit court within 60 days after a written copy of the decision is forwarded to the governing body under sub. (4) (a).

AB737,9,16 b. If an appeal is filed under subd. 2. a., the zoning mitigation committee shall send the court certified copies of all documents used by the committee in reaching its decision and a copy of its written decision. If the court believes it is necessary to do so to properly resolve the issue, the court may take evidence, or appoint a referee to take evidence and report findings of fact and conclusions of law as it directs, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify, the decision of the zoning mitigation committee.

AB737,9,19 c. Costs shall not be allowed against the zoning mitigation committee unless it appears to the court that the committee acted with gross negligence or in bad faith, or with malice, in making its decision.

AB737,9,21 d. All issues in any proceedings under this subdivision shall have preference over all other civil actions and proceedings.

AB737,9,25 (5) Mitigation remedies. If the zoning mitigation committee makes the determination described in sub. (4) (c) 1., or if the circuit court reverses or modifies the committee's decision under sub. (4) (c) 2., the governing body shall institute one or more of the following mitigation remedies:

AB737,10,5 (a) Enact or amend a zoning ordinance or adopt or amend a zoning regulation or resolution, which allows the landowner to proceed with the use or development of the landowner's real property, the inordinate burden on which prevented the landowner from proceeding with such use or development and led to the landowner's filing of the request for mitigation.

AB737,10,11 (b) Require the political subdivision's board of appeals under s. 62.23 (7) (e) or board of adjustment under s. 59.694 or 60.65 to grant a variance or special exception to an action, which allows the landowner to proceed with the use or development of the landowner's real property, the inordinate burden on which prevented the landowner from proceeding with such use or development and led to the landowner's filing of the request for mitigation.

AB737,10,14 (c) Enter into a written development agreement with the landowner that allows the landowner to use or develop the landowner's real property in a way that is specified in the agreement.

AB737,10,20 (d) Enter into an agreement with the landowner to compensate the landowner for the inordinate burden placed on the landowner's real property. The compensation may be a cash payment, a purchase of development rights to the real property, an exchange of real property owned by the political subdivision for the landowner's real property that is subject to the inordinate burden or any other compensation that is agreed to by the parties.

AB737, s. 5 Section 5. Effective dates. This act takes effect on the day after publication, except as follows:

AB737,10,24 (1) The treatment of section 66.038 (3) of the statutes takes effect on the first day of the 6th month beginning after publication.

AB737,10,25 (End)