LRB-4182/1
MES:jld:rs
2005 - 2006 LEGISLATURE
February 8, 2006 - Introduced by Senators Stepp and
S. Fitzgerald, cosponsored
by Representatives Albers, F. Lasee, Hines, Bies, Petrowski and Musser.
Referred to Committee on Housing and Financial Institutions.
SB583,1,2
1An Act to create 59.69 (4h) of the statutes;
relating to: limiting the scope of
2county zoning authority over commercial establishments.
Analysis by the Legislative Reference Bureau
Under current law, a county is authorized to enact zoning ordinances and adopt
regulations that establish, regulate, and restrict the height, number of stories, and
size of buildings and other structures, the percentage of lot that may be occupied, the
size of yards and other open spaces, the density of population, and the location and
use of buildings, structures, and land for various purposes.
With regard to a commercial establishment and its property, this bill prohibits
a county from enacting or enforcing a zoning ordinance or regulation in a number of
specified areas, including landscaping, lighting, the appearance of a building's
exterior, the placement of trash or recycling receptacles on the property, and the size
of parking spaces. Also with regard to a commercial establishment and property, the
bill prohibits a county from subjecting an establishment to a site plan review unless
the establishment consists of only new construction or if the rebuilding,
reconstruction, or expansion of an existing establishment increases the interior area
of, or available to, the existing establishment by at least 50 percent.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB583, s. 1
1Section
1. 59.69 (4h) of the statutes is created to read:
SB583,2,62
59.69
(4h) Limitations on authority. (a) The board may not enact an ordinance
3or adopt a regulation on or after the effective date of this paragraph .... [revisor
4inserts date], or continue to enforce an ordinance or resolution on or after the
5effective date of this paragraph .... [revisor inserts date], that affects a commercial
6establishment and the property on which it is located, in any of the following areas:
SB583,2,77
1. Landscaping.
SB583,2,88
2. Exterior lighting.
SB583,2,99
3. Building facades.
SB583,2,1010
4. The appearance of the exterior of any commercial building.
SB583,2,1211
5. The storage or location of items sold by a commercial establishment on the
12establishment's premises.
SB583,2,1313
6. The placement of trash or recycling receptacles.
SB583,2,1514
7. The size of parking spaces in a commercial establishment's parking lot or
15structure.
SB583,2,1716
(b) With regard to any commercial establishment, the board may not subject
17the establishment to any type of site plan review unless any of the following applies:
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1. The establishment consists of only new construction or new development.
SB583,2,2119
2. The redevelopment, rebuilding, reconstruction, or expansion of an existing
20establishment increases the interior square footage of, or available to, the existing
21establishment by at least 50 percent.
