SB387: Bill Text

SB387,5,8 4. It is entirely surrounded by land privately owned by the same person.

SB387,2 Section 2. 32.09 (6c) of the statutes is created to read:

SB387,6,4 32.09 (6c) In the case of a taking under subs. (5) and (6), the value of the property taken shall be evaluated based on each individual tax parcel taken, in whole or in part, regardless of whether the tax parcel is under contiguous, common ownership with other tax parcels.

SB387,3 Section 3. 32.10 (title) of the statutes is amended to read:

SB387,6,7 32.10 (title) Condemnation proceedings Proceedings instituted by property owner.

SB387,4 Section 4. 32.10 of the statutes is renumbered 32.10 (2) and amended to read:

SB387,6,14 32.10 (2) If any property has been occupied is taken by a restriction imposed by a governmental unit or by a person possessing the power of condemnation and if the person that has not exercised the power, the owner, to may institute condemnation proceedings, shall present under this section by filing a verified petition to with the circuit judge court of the county wherein in which the land property is situated asking that such proceedings be commenced.

SB387,6,25 (3) The petition shall describe the land property, state the person against which the condemnation proceedings are instituted and describe the use to which it has been put or is designed to have been put action by the person against which the proceedings are instituted that is alleged to constitute a taking. A copy of the petition shall be served upon the person who has occupied petitioner's land, or interest in land. The petition shall be filed in the office of the clerk of the circuit court and thereupon the matter shall be deemed an action at law and at issue, with against which the proceedings are instituted. The petitioner as shall be the plaintiff and the occupying person as alleged to have taken the property shall be the defendant. The court shall make a finding of whether the defendant is occupying property of the plaintiff without having the right to do so.

SB387,7,7 (4) If the court determines that the defendant is occupying such has taken the property of the plaintiff under sub. (1) (b) 1. without having the right to do so exercising the power of condemnation, it shall treat the matter in accordance with the provisions of this subchapter assuming the plaintiff has received from the defendant a jurisdictional offer and has failed to accept the same offer and assuming the plaintiff is not questioning the right of the defendant to condemn the property so occupied.

SB387,5 Section 5. 32.10 (1) of the statutes is created to read:

SB387,7,9 32.10 (1) In this section:

SB387,7,11 (a) “Governmental unit” means the state or any department or agency thereof or any city, village, town, or county.

SB387,7,12 (b) “Taking” means any of the following:

SB387,7,14 1. The occupation of property by a person possessing the power of condemnation.

SB387,7,16 2. Any restriction imposed by a governmental unit that deprives an owner of all or substantially all practical use of the owner's property.

SB387,6 Section 6. 32.10 (5) of the statutes is created to read:

SB387,7,20 32.10 (5) (a) In an action in which the plaintiff alleges that the defendant has taken plaintiff's property under sub. (1) (b) 2., the court shall evaluate whether the property has been taken according to the following factors:

SB387,7,21 1. The nature and character of the government action.

SB387,7,22 2. The severity of the economic impact of the restriction on the plaintiff.

SB387,7,24 3. The extent to which the restriction interferes with the plaintiff's investment-backed expectations in the property.

SB387,8,4 (b) If the court determines that the defendant has taken the property of the plaintiff under sub. (1) (b) 2. without exercising the power of condemnation, the court shall issue an order requiring the defendant to, at the defendant's option, do one of the following:

SB387,8,6 1. Pay damages to the plaintiff equal to the amount of the reduction in fair market value of the property that is attributable to the action under sub. (1) (b).

SB387,8,8 2. Rescind the government-imposed restriction that was found to have resulted in the taking.

SB387,7 Section 7. 59.69 (5e) of the statutes is created to read:

SB387,8,10 59.69 (5e) Conditional use permits. (a) In this subsection:

SB387,8,12 1. “Conditional use” means a use allowed under a conditional use permit, special exception, or other special zoning permission issued by a county.

SB387,8,16 2. “Substantial evidence” means evidence of such convincing power that reasonable persons would accept it in support of a conclusion. “Substantial evidence” does not include public comment that is based solely on personal opinion, uncorroborated hearsay, or speculation.

SB387,8,19 (b) 1. If an applicant for a conditional use permit meets, or agrees to meet, all of the requirements and conditions specified in the county ordinance, the county shall grant the conditional use permit.

SB387,9,3 2. The requirements and conditions described under subd. 1. must be reasonable and measurable, and may include conditions such as the permit's duration, and the ability of the applicant to transfer or renew the permit. The applicant must demonstrate that the application and all requirements and conditions established by the county relating to the conditional use are, or will be, satisfied, and must demonstrate such satisfaction by substantial evidence. The county must demonstrate that its decision to approve or deny the permit is supported by substantial evidence. Public testimony alone is not substantial evidence and cannot be the sole basis for the county to deny a conditional use permit.

SB387,9,6 (c) Upon receipt of a conditional use permit application, and following publication in the county of a class 2 notice under ch. 985, the county shall hold a public hearing on the application.

SB387,9,11 (d) Once granted, a conditional use permit may remain in effect as long as the conditions upon which the permit was issued are followed, except that the county may impose conditions relating to the permit's duration, and the ability of the applicant to transfer or renew the permit, as well as any other additional, reasonable conditions that are specified in the zoning ordinance.

SB387,9,14 (e) If a county denies a person's conditional use permit application, the person may appeal the decision to the circuit court under the procedures contained in s. 59.694 (10).

SB387,8 Section 8. 59.69 (10e) (title) of the statutes is amended to read:

SB387,9,17 59.69 (10e) (title) Repair , rebuilding, and maintenance of certain nonconforming structures.

SB387,9 Section 9. 59.69 (10e) (a) 1. of the statutes is amended to read:

SB387,9,21 59.69 (10e) (a) 1. “Development regulations" means the part of a zoning ordinance enacted under this section that applies to elements including setback, height, lot coverage, and side yard.

SB387,10 Section 10. 59.69 (10e) (b) of the statutes is amended to read:

SB387,9,24 59.69 (10e) (b) An ordinance enacted under this section may not prohibit, or limit based on cost, or require a variance for the repair, maintenance, renovation, rebuilding, or remodeling of a nonconforming structure or any part of a nonconforming structure.

SB387,11 Section 11. 59.692 (1) (am) of the statutes is created to read:

SB387,10,6 59.692 (1) (am) “Navigable waters” has the meaning given in s. 281.31 (2) (d), except that “navigable waters” does not include a pond to which all of the following apply:

SB387,10,7 1. It has an area of 5 acres or less.

SB387,10,9 2. It is not hydrologically connected to a natural navigable waterway and does not discharge into a natural navigable waterway except as a result of storm events.

SB387,10,10 3. It has no public access.

SB387,10,11 4. It is entirely surrounded by land privately owned by the same person.

SB387,12 Section 12. 59.692 (1) (b) (intro.) of the statutes is amended to read:

SB387,10,15 59.692 (1) (b) (intro.) “Shorelands" means the area within the following distances from the ordinary high-water mark of navigable waters , as defined under s. 281.31 (2) (d):

SB387,13 Section 13. 59.694 (7) (c) of the statutes is renumbered 59.694 (7) (c) 2. and amended to read:

SB387,10,22 59.694 (7) (c) 2. To authorize upon appeal in specific cases variances from the terms of the ordinance that will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.

SB387,11,7 4. A county board may enact an ordinance specifying an expiration date for a variance granted under this paragraph if that date relates to a specific date by which the action authorized by the variance must be commenced or completed. If no such ordinance is in effect at the time a variance is granted, or if the board of adjustment does not specify an expiration date for the variance, a variance granted under this paragraph does not expire unless, at the time it is granted, the board of adjustment specifies in the variance a specific date by which the action authorized by the variance must be commenced or completed. An ordinance enacted after April 5, 2012, may not specify an expiration date for a variance that was granted before April 5, 2012.

SB387,11,8 5. A variance granted under this paragraph runs with the land.

SB387,14 Section 14. 59.694 (7) (c) 1. of the statutes is created to read:

SB387,11,10 59.694 (7) (c) 1. In this paragraph:

SB387,11,14 a. “Area variance” means a modification to a dimensional, physical, or locational requirement such as a setback, frontage, height, bulk, or density restriction for a structure that is granted by the board of adjustment under this subsection.

SB387,11,17 b. “Use variance” means an authorization by the board of adjustment under this subsection for the use of land for a purpose that is otherwise not allowed or is prohibited by the applicable zoning ordinance.

SB387,15 Section 15. 59.694 (7) (c) 3. of the statutes is created to read:

SB387,12,4 59.694 (7) (c) 3. A property owner bears the burden of proving “unnecessary hardship," as that term is used in this paragraph, for an area variance, by demonstrating that strict compliance with a zoning ordinance would unreasonably prevent the property owner from using the property owner's property for a permitted purpose or would render conformity with the zoning ordinance unnecessarily burdensome or, for a use variance, by demonstrating that strict compliance with a zoning ordinance would leave the property owner with no reasonable use of the property in the absence of a variance. In all circumstances, a property owner bears the burden of proving that the unnecessary hardship is based on conditions unique to the property, rather than considerations personal to the property owner, and that the unnecessary hardship was not created by the property owner.

SB387,16 Section 16. 60.61 (4e) of the statutes is created to read:

SB387,12,6 60.61 (4e) Conditional use permits. (a) In this subsection:

SB387,12,8 1. “Conditional use” means a use allowed under a conditional use permit, special exception, or other special zoning permission issued by a town.

SB387,12,12 2. “Substantial evidence” means evidence of such convincing power that reasonable persons would accept it in support of a conclusion. “Substantial evidence” does not include public comment that is based solely on personal opinion, uncorroborated hearsay, or speculation.

SB387,12,15 (b) 1. If an applicant for a conditional use permit meets, or agrees to meet, all of the requirements and conditions specified in the town ordinance, the town shall grant the conditional use permit.

SB387,12,24 2. The requirements and conditions described under subd. 1. must be reasonable and measurable, and may include conditions such as the permit's duration, and the ability of the applicant to transfer or renew the permit. The applicant must demonstrate that the application and all requirements and conditions established by the town relating to the conditional use are, or will be, satisfied, and must demonstrate such satisfaction by substantial evidence. The town must demonstrate that its decision to approve or deny the permit is supported by substantial evidence. Public testimony alone is not substantial evidence and cannot be the sole basis for the town to deny a conditional use permit.

SB387,13,3 (c) Upon receipt of a conditional use permit application, and following publication in the town of a class 2 notice under ch. 985, the town shall hold a public hearing on the application.

SB387,13,8 (d) Once granted, a conditional use permit may remain in effect as long as the conditions upon which the permit was issued are followed, except that the town may impose conditions relating to the permit's duration, and the ability of the applicant to transfer or renew the permit, as well as any other additional, reasonable conditions that are specified in the zoning ordinance.

SB387,13,11 (e) If a town denies a person's conditional use permit application, the person may appeal the decision to the circuit court under the procedures described in s. 59.694 (10).

SB387,17 Section 17. 60.61 (5e) (title) of the statutes is amended to read:

SB387,13,14 60.61 (5e) (title) Repair , rebuilding, and maintenance of certain nonconforming structures.

SB387,18 Section 18. 60.61 (5e) (a) 1. of the statutes is amended to read:

SB387,13,18 60.61 (5e) (a) 1. “Development regulations" means the part of a zoning ordinance enacted under this section that applies to elements including setback, height, lot coverage, and side yard.

SB387,19 Section 19. 60.61 (5e) (b) of the statutes is amended to read:

SB387,13,23 60.61 (5e) (b) An ordinance enacted under this section may not prohibit, or limit based on cost, or require a variance for the repair, maintenance, renovation, rebuilding, or remodeling of a nonconforming structure or any part of a nonconforming structure.

SB387,20 Section 20. 60.62 (4e) of the statutes is created to read:

SB387,13,25 60.62 (4e) (a) In this subsection:

SB387,14,2 1. “Conditional use” means a use allowed under a conditional use permit, special exception, or other special zoning permission issued by a town.

SB387,14,6 2. “Substantial evidence” means evidence of such convincing power that reasonable persons would accept it in support of a conclusion. “Substantial evidence” does not include public comment that is based solely on personal opinion, uncorroborated hearsay, or speculation.

SB387,14,9 (b) 1. If an applicant for a conditional use permit meets, or agrees to meet, all of the requirements and conditions specified in the town ordinance, the town shall grant the conditional use permit.

SB387,14,18 2. The requirements and conditions described under subd. 1. must be reasonable and measurable, and may include conditions such as the permit's duration, and the ability of the applicant to transfer or renew the permit. The applicant must demonstrate that the application and all requirements and conditions established by the town relating to the conditional use are, or will be, satisfied, and must demonstrate such satisfaction by substantial evidence. The town must demonstrate that its decision to approve or deny the permit is supported by substantial evidence. Public testimony alone is not substantial evidence and cannot be the sole basis for the town to deny a conditional use permit.

SB387,14,21 (c) Upon receipt of a conditional use permit application, and following publication in the town of a class 2 notice under ch. 985, the town shall hold a public hearing on the application.

SB387,15,2 (d) Once granted, a conditional use permit may remain in effect as long as the conditions upon which the permit was issued are followed, except that the town may impose conditions relating to the permit's duration, and the ability of the applicant to transfer or renew the permit, as well as any other additional, reasonable conditions that are specified in the zoning ordinance.

SB387,15,5 (e) If a town denies a person's conditional use permit application, the person may appeal the decision to the circuit court under the procedures described in s. 61.35.

SB387,21 Section 21. 62.23 (7) (de) of the statutes is created to read:

SB387,15,7 62.23 (7) (de) Conditional use permits. 1. In this paragraph:

SB387,15,9 a. “Conditional use” means a use allowed under a conditional use permit, special exception, or other special zoning permission issued by a city.

SB387,15,13 b. “Substantial evidence” means evidence of such convincing power that reasonable persons would accept it in support of a conclusion. “Substantial evidence” does not include public comment that is based solely on personal opinion, uncorroborated hearsay, or speculation.

SB387,15,16 2. a. If an applicant for a conditional use permit meets, or agrees to meet, all of the requirements and conditions specified in the city ordinance, the city shall grant the conditional use permit.

SB387,15,25 b. The requirements and conditions described under subd. 2. a. must be reasonable and measurable, and may include conditions such as the permit's duration, and the ability of the applicant to transfer or renew the permit. The applicant must demonstrate that the application and all requirements and conditions established by the city relating to the conditional use are, or will be, satisfied, and must demonstrate such satisfaction by substantial evidence. The city must demonstrate that its decision to approve or deny the permit is supported by substantial evidence. Public testimony alone is not substantial evidence and cannot be the sole basis for the council to deny a conditional use permit.

SB387,16,3 3. Upon receipt of a conditional use permit application, and following publication in the city of a class 2 notice under ch. 985, the city shall hold a public hearing on the application.

SB387,16,8 4. Once granted, a conditional use permit may remain in effect as long as the conditions upon which the permit was issued are followed, except that the city may impose conditions relating to the permit's duration, and the ability of the applicant to transfer or renew the permit, as well as any other additional, reasonable conditions that are specified in the zoning ordinance.

SB387,16,10 5. If a city denies a person's conditional use permit application, the person may appeal the decision to the circuit court under the procedures contained in par. (e) 10.