SB371: Bill Text

Under the bill, the ordinance must require the owner of the building who is seeking the variance to provide the political subdivision with evidence that the type, height and design of the handrail or guardrail proposed for installation is historically appropriate for the building. Upon the provision of that evidence, the bill provides that the political subdivision may grant a variance to the uniform multifamily dwelling code that permits the owner to install a handrail or guardrail that is at least as protective of public safety as the historically appropriate handrail or guardrail.

SB371, s. 31 Section 31. 254.61 (1) (f) of the statutes is renumbered 254.61 (1) (f) (intro.) and amended to read:

SB371,23,3 254.61 (1) (f) (intro.) Has had completed, before May 11, 1990, any structural additions to the dimensions of the original structure, including by renovation, except that a this limit does not apply to any of the following:

SB371,23,6 1. A structural addition, including a renovation, that is made to the structure may, after May 11, 1990, be made and that is within the dimensions of the original structure.

SB371, s. 32 Section 32 . 254.61 (1) (f) 2. of the statutes is created to read:

SB371,23,12 254.61 (1) (f) 2. A structural addition, including a renovation, that complies with the uniform dwelling code adopted in rules promulgated under s. 101.63 (1) and (1m) and that is made to a structure that was originally constructed at least 50 years before an application for a permit is made under s. 254.64 (1) (b) and for which no use other than as a bed and breakfast establishment is proposed by the owner.

Note: The current statutes define "bed and breakfast establishment" for the purposes of determining the applicability of environmental health regulations, building code requirements and other regulatory provisions. The basic purpose of this definition is to set limits on the kinds of establishments that are deemed to be bed and breakfast establishments and thus are subject to those specific regulations. Establishments that provide food and lodging beyond the scope of the definition of a bed and breakfast establishment are subject to regulation as hotels, restaurants or other similar types of establishments, which in general means that the establishments are subject to the commercial building code and the commercial restaurant regulations.

The definition of bed and breakfast establishment has 6 elements. The first 5 elements of the definition provide that a bed and breakfast establishment is any place of lodging that:

"(a) Provides 8 or fewer rooms for rent to no more than a total of 20 tourists or transients.

(b) Provides no meals other than breakfast and provides the breakfast only to renters of the place.

(c) Is the owner's personal residence.

(d) Is occupied by the owner at the time of rental.

(e) Was originally built and occupied as a single-family residence, or, prior to use as a place of lodging, was converted to use and occupied as a single-family residence.".

The special committee focused its attention on the 6th element of the definition, which is modified by this bill. The current definition of bed and breakfast establishment in s. 254.61 (1) (f), stats., provides that a bed and breakfast establishment is a place of lodging that:

"Has had completed, before May 11, 1990, any structural additions to the dimensions of the original structure, including by renovation, except that a structural addition, including a renovation, to the structure may, after May 11, 1990, be made within the dimensions of the original structure.".

The May 11, 1990 date is the date that this provision first took effect. At that time, when this restriction was created, the intent was to avoid situations in which a one- or 2-family home is constructed and shortly thereafter is substantially expanded as a bed and breakfast establishment. The restriction allows structural additions or renovations within the "dimensions" of the original structure, but does not allow additions to a structure after May 11, 1990, if that structure is to be used as a bed and breakfast establishment.

A consequence of this restriction is that older buildings, which often have attractive historic features and are desirable as bed and breakfast establishments, cannot be expanded to provide suitable facilities for the bed and breakfast establishment. This bill authorizes structural additions or renovation to the structure if the structure is more than 50 years old, if no other use than as a bed and breakfast establishment is proposed and if the structural addition complies with the uniform one- and 2-family dwelling code.

SB371, s. 33 Section 33. 823.21 of the statutes is amended to read:

SB371,24,6 823.21 Dilapidated buildings declared nuisances. Any building which, under s. 66.05 (1m), has been declared so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or has been determined to be unreasonable to repair under s. 66.05 (1m) is a public nuisance and may be proceeded against under this chapter.

Note: The amendment corresponds with the amendment in this bill to s. 66.05 (1m), which includes an explanatory note.

SB371, s. 34 Section 34. Nonstatutory provisions; legislature.

SB371,24,11 (1) Study of rural historic preservation. The joint legislative council is requested to study methods to promote rural historic preservation. If the council undertakes such a study, the council shall report its findings, conclusions and recommendations to the 2001 legislature when it convenes.

SB371, s. 35 Section 35. Appropriation changes; historical society.

SB371,25,2 (1) Survey of rural historic buildings. In the schedule under section 20.005 (3) of the statutes for the appropriation to the state historical society under section 20.245 (3) (a) of the statutes, as affected by the acts of 1999, the dollar amount is increased by $75,000 for fiscal year 1999-00 and the dollar amount is increased by $75,000 for fiscal year 2000-01 for the purpose of entering into a contract for a survey under section 44.34 (1) of the statutes to identify and document historic properties in rural areas of the state.

Note: Under current law, the state historical society is required to conduct an ongoing statewide survey to identify and document historic properties. This bill increases the appropriation to the state historical society to provide funding to contract for a survey to identify and document historic properties in rural areas of Wisconsin.

Under current s. 44.31 (3), stats., "historic property" is defined as "any building, structure, object, district, area or site, whether on or beneath the surface of the land or water, that is significant in the history, prehistory, architecture, archeology or culture of this state, its rural and urban communities or the nation".

SB371, s. 36 Section 36. Initial applicability.

SB371,25,6 (1) Supplement to federal historic rehabilitation credit. The treatment of sections 71.07 (9m) (c), 71.21 (6), 71.28 (6) (c) and 71.47 (6) (c) of the statutes first applies to taxable years beginning on January 1, 2000.

Note: Creates a nonstatutory provision that provides that Sections 12 , 13, 14 and 15 of the bill, relating to eligibility for and distribution of the state supplement to the federal historic rehabilitation income tax credit, first apply to taxable years beginning on January 1, 2000.

SB371, s. 37 Section 37. Effective dates. This act takes effect on the day after publication, except as follows:

SB371,25,11 (1) Supplement to federal historic rehabilitation credit. The treatment of section 71.21 (6) of the statutes takes effect on the first day of the 3rd month beginning after publication.

Note: Creates a nonstatutory provision that provides that s. 71.21 (6) (c), stats., created in this bill, takes effect for partnership agreements for the allocation of the state tax credit for historic preservation executed on the first day of the 3rd month beginning after the date on which this bill takes effect.

SB371,25,12 (End)