SB387,5,65 2. It is not hydrologically connected to a natural navigable waterway and does
6not discharge into a natural navigable waterway except as a result of storm events.
SB387,5,77 3. It has no public access.
SB387,5,88 4. It is entirely surrounded by land privately owned by the same person.
SB387,2 9Section 2. 32.09 (6c) of the statutes is created to read:
SB387,6,4
132.09 (6c) In the case of a taking under subs. (5) and (6), the value of the
2property taken shall be evaluated based on each individual tax parcel taken, in whole
3or in part, regardless of whether the tax parcel is under contiguous, common
4ownership with other tax parcels.
SB387,3 5Section 3. 32.10 (title) of the statutes is amended to read:
SB387,6,7 632.10 (title) Condemnation proceedings Proceedings instituted by
7property owner.
SB387,4 8Section 4. 32.10 of the statutes is renumbered 32.10 (2) and amended to read:
SB387,6,149 32.10 (2) If any property has been occupied is taken by a restriction imposed
10by a governmental unit or
by a person possessing the power of condemnation and if
11the person
that has not exercised the power, the owner, to may institute
12condemnation proceedings, shall present under this section by filing a verified
13petition to with the circuit judge court of the county wherein in which the land
14property is situated asking that such proceedings be commenced.
SB387,6,25 15(3) The petition shall describe the land property, state the person against which
16the condemnation proceedings are instituted and describe the use to which it has
17been put or is designed to have been put
action by the person against which the
18proceedings are instituted that is alleged to constitute a taking. A copy of the petition
19shall be served upon the person who has occupied petitioner's land, or interest in
20land. The petition shall be filed in the office of the clerk of the circuit court and
21thereupon the matter shall be deemed an action at law and at issue, with
against
22which the proceedings are instituted. The
petitioner as shall be the plaintiff and the
23occupying person as alleged to have taken the property shall be the defendant. The
24court shall make a finding of whether the defendant is occupying property of the
25plaintiff without having the right to do so.
SB387,7,7
1(4) If the court determines that the defendant is occupying such has taken the
2property of the plaintiff under sub. (1) (b) 1. without having the right to do so
3exercising the power of condemnation, it shall treat the matter in accordance with
4the provisions of this subchapter assuming the plaintiff has received from the
5defendant a jurisdictional offer and has failed to accept the same offer and assuming
6the plaintiff is not questioning the right of the defendant to condemn the property
7so occupied.
SB387,5 8Section 5. 32.10 (1) of the statutes is created to read:
SB387,7,99 32.10 (1) In this section:
SB387,7,1110 (a) “Governmental unit” means the state or any department or agency thereof
11or any city, village, town, or county.
SB387,7,1212 (b) “Taking” means any of the following:
SB387,7,1413 1. The occupation of property by a person possessing the power of
14condemnation.
SB387,7,1615 2. Any restriction imposed by a governmental unit that deprives an owner of
16all or substantially all practical use of the owner's property.
SB387,6 17Section 6. 32.10 (5) of the statutes is created to read:
SB387,7,2018 32.10 (5) (a) In an action in which the plaintiff alleges that the defendant has
19taken plaintiff's property under sub. (1) (b) 2., the court shall evaluate whether the
20property has been taken according to the following factors:
SB387,7,2121 1. The nature and character of the government action.
SB387,7,2222 2. The severity of the economic impact of the restriction on the plaintiff.
SB387,7,2423 3. The extent to which the restriction interferes with the plaintiff's
24investment-backed expectations in the property.
SB387,8,4
1(b) If the court determines that the defendant has taken the property of the
2plaintiff under sub. (1) (b) 2. without exercising the power of condemnation, the court
3shall issue an order requiring the defendant to, at the defendant's option, do one of
4the following:
SB387,8,65 1. Pay damages to the plaintiff equal to the amount of the reduction in fair
6market value of the property that is attributable to the action under sub. (1) (b).
SB387,8,87 2. Rescind the government-imposed restriction that was found to have
8resulted in the taking.
SB387,7 9Section 7. 59.69 (5e) of the statutes is created to read:
SB387,8,1010 59.69 (5e) Conditional use permits. (a) In this subsection:
SB387,8,1211 1. “Conditional use” means a use allowed under a conditional use permit,
12special exception, or other special zoning permission issued by a county.
SB387,8,1613 2. “Substantial evidence” means evidence of such convincing power that
14reasonable persons would accept it in support of a conclusion. “Substantial evidence”
15does not include public comment that is based solely on personal opinion,
16uncorroborated hearsay, or speculation.
SB387,8,1917 (b) 1. If an applicant for a conditional use permit meets, or agrees to meet, all
18of the requirements and conditions specified in the county ordinance, the county
19shall grant the conditional use permit.
SB387,9,320 2. The requirements and conditions described under subd. 1. must be
21reasonable and measurable, and may include conditions such as the permit's
22duration, and the ability of the applicant to transfer or renew the permit. The
23applicant must demonstrate that the application and all requirements and
24conditions established by the county relating to the conditional use are, or will be,
25satisfied, and must demonstrate such satisfaction by substantial evidence. The

1county must demonstrate that its decision to approve or deny the permit is supported
2by substantial evidence. Public testimony alone is not substantial evidence and
3cannot be the sole basis for the county to deny a conditional use permit.
SB387,9,64 (c) Upon receipt of a conditional use permit application, and following
5publication in the county of a class 2 notice under ch. 985, the county shall hold a
6public hearing on the application.
SB387,9,117 (d) Once granted, a conditional use permit may remain in effect as long as the
8conditions upon which the permit was issued are followed, except that the county
9may impose conditions relating to the permit's duration, and the ability of the
10applicant to transfer or renew the permit, as well as any other additional, reasonable
11conditions that are specified in the zoning ordinance.
SB387,9,1412 (e) If a county denies a person's conditional use permit application, the person
13may appeal the decision to the circuit court under the procedures contained in s.
1459.694 (10).
SB387,8 15Section 8. 59.69 (10e) (title) of the statutes is amended to read:
SB387,9,1716 59.69 (10e) (title) Repair , rebuilding, and maintenance of certain
17nonconforming structures.
SB387,9 18Section 9. 59.69 (10e) (a) 1. of the statutes is amended to read:
SB387,9,2119 59.69 (10e) (a) 1. “Development regulations" means the part of a zoning
20ordinance enacted under this section that applies to elements including setback,
21height, lot coverage, and side yard.
SB387,10 22Section 10. 59.69 (10e) (b) of the statutes is amended to read:
SB387,9,2423 59.69 (10e) (b) An ordinance enacted under this section may not prohibit, or
24limit based on cost, or require a variance for the repair, maintenance, renovation,

1rebuilding, or remodeling of a nonconforming structure or any part of a
2nonconforming structure
.
SB387,11 3Section 11. 59.692 (1) (am) of the statutes is created to read:
SB387,10,64 59.692 (1) (am) “Navigable waters” has the meaning given in s. 281.31 (2) (d),
5except that “navigable waters” does not include a pond to which all of the following
6apply:
SB387,10,77 1. It has an area of 5 acres or less.
SB387,10,98 2. It is not hydrologically connected to a natural navigable waterway and does
9not discharge into a natural navigable waterway except as a result of storm events.
SB387,10,1010 3. It has no public access.
SB387,10,1111 4. It is entirely surrounded by land privately owned by the same person.
SB387,12 12Section 12. 59.692 (1) (b) (intro.) of the statutes is amended to read:
SB387,10,1513 59.692 (1) (b) (intro.) “Shorelands" means the area within the following
14distances from the ordinary high-water mark of navigable waters , as defined under
15s. 281.31 (2) (d)
:
SB387,13 16Section 13. 59.694 (7) (c) of the statutes is renumbered 59.694 (7) (c) 2. and
17amended to read:
SB387,10,2218 59.694 (7) (c) 2. To authorize upon appeal in specific cases variances from the
19terms of the ordinance that will not be contrary to the public interest, where, owing
20to special conditions, a literal enforcement of the provisions of the ordinance will
21result in unnecessary hardship, and so that the spirit of the ordinance shall be
22observed and substantial justice done.
SB387,11,7 234. A county board may enact an ordinance specifying an expiration date for a
24variance granted under this paragraph if that date relates to a specific date by which
25the action authorized by the variance must be commenced or completed. If no such

1ordinance is in effect at the time a variance is granted, or if the board of adjustment
2does not specify an expiration date for the variance, a variance granted under this
3paragraph does not expire unless, at the time it is granted, the board of adjustment
4specifies in the variance a specific date by which the action authorized by the
5variance must be commenced or completed. An ordinance enacted after April 5,
62012, may not specify an expiration date for a variance that was granted before April
75, 2012.
SB387,11,8 85. A variance granted under this paragraph runs with the land.
SB387,14 9Section 14. 59.694 (7) (c) 1. of the statutes is created to read:
SB387,11,1010 59.694 (7) (c) 1. In this paragraph:
SB387,11,1411 a. “Area variance” means a modification to a dimensional, physical, or
12locational requirement such as a setback, frontage, height, bulk, or density
13restriction for a structure that is granted by the board of adjustment under this
14subsection.
SB387,11,1715 b. “Use variance” means an authorization by the board of adjustment under
16this subsection for the use of land for a purpose that is otherwise not allowed or is
17prohibited by the applicable zoning ordinance.
SB387,15 18Section 15. 59.694 (7) (c) 3. of the statutes is created to read:
SB387,12,419 59.694 (7) (c) 3. A property owner bears the burden of proving “unnecessary
20hardship," as that term is used in this paragraph, for an area variance, by
21demonstrating that strict compliance with a zoning ordinance would unreasonably
22prevent the property owner from using the property owner's property for a permitted
23purpose or would render conformity with the zoning ordinance unnecessarily
24burdensome or, for a use variance, by demonstrating that strict compliance with a
25zoning ordinance would leave the property owner with no reasonable use of the

1property in the absence of a variance. In all circumstances, a property owner bears
2the burden of proving that the unnecessary hardship is based on conditions unique
3to the property, rather than considerations personal to the property owner, and that
4the unnecessary hardship was not created by the property owner.
SB387,16 5Section 16. 60.61 (4e) of the statutes is created to read:
SB387,12,66 60.61 (4e) Conditional use permits. (a) In this subsection:
SB387,12,87 1. “Conditional use” means a use allowed under a conditional use permit,
8special exception, or other special zoning permission issued by a town.
SB387,12,129 2. “Substantial evidence” means evidence of such convincing power that
10reasonable persons would accept it in support of a conclusion. “Substantial evidence”
11does not include public comment that is based solely on personal opinion,
12uncorroborated hearsay, or speculation.
SB387,12,1513 (b) 1. If an applicant for a conditional use permit meets, or agrees to meet, all
14of the requirements and conditions specified in the town ordinance, the town shall
15grant the conditional use permit.
SB387,12,2416 2. The requirements and conditions described under subd. 1. must be
17reasonable and measurable, and may include conditions such as the permit's
18duration, and the ability of the applicant to transfer or renew the permit. The
19applicant must demonstrate that the application and all requirements and
20conditions established by the town relating to the conditional use are, or will be,
21satisfied, and must demonstrate such satisfaction by substantial evidence. The town
22must demonstrate that its decision to approve or deny the permit is supported by
23substantial evidence. Public testimony alone is not substantial evidence and cannot
24be the sole basis for the town to deny a conditional use permit.
SB387,13,3
1(c) Upon receipt of a conditional use permit application, and following
2publication in the town of a class 2 notice under ch. 985, the town shall hold a public
3hearing on the application.
SB387,13,84 (d) Once granted, a conditional use permit may remain in effect as long as the
5conditions upon which the permit was issued are followed, except that the town may
6impose conditions relating to the permit's duration, and the ability of the applicant
7to transfer or renew the permit, as well as any other additional, reasonable
8conditions that are specified in the zoning ordinance.
SB387,13,119 (e) If a town denies a person's conditional use permit application, the person
10may appeal the decision to the circuit court under the procedures described in s.
1159.694 (10).
SB387,17 12Section 17. 60.61 (5e) (title) of the statutes is amended to read:
SB387,13,1413 60.61 (5e) (title) Repair , rebuilding, and maintenance of certain
14nonconforming structures.
SB387,18 15Section 18. 60.61 (5e) (a) 1. of the statutes is amended to read:
SB387,13,1816 60.61 (5e) (a) 1. “Development regulations" means the part of a zoning
17ordinance enacted under this section that applies to elements including setback,
18height, lot coverage, and side yard.
SB387,19 19Section 19. 60.61 (5e) (b) of the statutes is amended to read:
SB387,13,2320 60.61 (5e) (b) An ordinance enacted under this section may not prohibit, or
21limit based on cost, or require a variance for the repair, maintenance, renovation,
22rebuilding, or remodeling of a nonconforming structure or any part of a
23nonconforming structure
.
SB387,20 24Section 20. 60.62 (4e) of the statutes is created to read:
SB387,13,2525 60.62 (4e) (a) In this subsection:
SB387,14,2
11. “Conditional use” means a use allowed under a conditional use permit,
2special exception, or other special zoning permission issued by a town.
SB387,14,63 2. “Substantial evidence” means evidence of such convincing power that
4reasonable persons would accept it in support of a conclusion. “Substantial evidence”
5does not include public comment that is based solely on personal opinion,
6uncorroborated hearsay, or speculation.
SB387,14,97 (b) 1. If an applicant for a conditional use permit meets, or agrees to meet, all
8of the requirements and conditions specified in the town ordinance, the town shall
9grant the conditional use permit.
SB387,14,1810 2. The requirements and conditions described under subd. 1. must be
11reasonable and measurable, and may include conditions such as the permit's
12duration, and the ability of the applicant to transfer or renew the permit. The
13applicant must demonstrate that the application and all requirements and
14conditions established by the town relating to the conditional use are, or will be,
15satisfied, and must demonstrate such satisfaction by substantial evidence. The town
16must demonstrate that its decision to approve or deny the permit is supported by
17substantial evidence. Public testimony alone is not substantial evidence and cannot
18be the sole basis for the town to deny a conditional use permit.
SB387,14,2119 (c) Upon receipt of a conditional use permit application, and following
20publication in the town of a class 2 notice under ch. 985, the town shall hold a public
21hearing on the application.
SB387,15,222 (d) Once granted, a conditional use permit may remain in effect as long as the
23conditions upon which the permit was issued are followed, except that the town may
24impose conditions relating to the permit's duration, and the ability of the applicant

1to transfer or renew the permit, as well as any other additional, reasonable
2conditions that are specified in the zoning ordinance.
SB387,15,53 (e) If a town denies a person's conditional use permit application, the person
4may appeal the decision to the circuit court under the procedures described in s.
561.35.
SB387,21 6Section 21. 62.23 (7) (de) of the statutes is created to read:
SB387,15,77 62.23 (7) (de) Conditional use permits. 1. In this paragraph:
SB387,15,98 a. “Conditional use” means a use allowed under a conditional use permit,
9special exception, or other special zoning permission issued by a city.
SB387,15,1310 b. “Substantial evidence” means evidence of such convincing power that
11reasonable persons would accept it in support of a conclusion. “Substantial evidence”
12does not include public comment that is based solely on personal opinion,
13uncorroborated hearsay, or speculation.
SB387,15,1614 2. a. If an applicant for a conditional use permit meets, or agrees to meet, all
15of the requirements and conditions specified in the city ordinance, the city shall grant
16the conditional use permit.
SB387,15,2517 b. The requirements and conditions described under subd. 2. a. must be
18reasonable and measurable, and may include conditions such as the permit's
19duration, and the ability of the applicant to transfer or renew the permit. The
20applicant must demonstrate that the application and all requirements and
21conditions established by the city relating to the conditional use are, or will be,
22satisfied, and must demonstrate such satisfaction by substantial evidence. The city
23must demonstrate that its decision to approve or deny the permit is supported by
24substantial evidence. Public testimony alone is not substantial evidence and cannot
25be the sole basis for the council to deny a conditional use permit.
SB387,16,3
13. Upon receipt of a conditional use permit application, and following
2publication in the city of a class 2 notice under ch. 985, the city shall hold a public
3hearing on the application.
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