AB881: Bill Text

AB881,5,10 60.23 (35) Town withdrawal from county zoning. (a) Subject to subds. 1. and 2., after 5 years after the effective date of this paragraph .... [LRB inserts date], enact an ordinance withdrawing the town from coverage of a county zoning ordinance that was approved under s. 59.69 (5) (c) and from coverage by a county development plan that was enacted under s. 59.69 (3) (a). An ordinance enacted under this paragraph may not take effect until all of the following occur:

AB881,5,13 1. Not later than 2 years before enacting an ordinance under this paragraph, the town adopts a resolution of the town's intent to enact an ordinance under this paragraph and provides a copy of the resolution to the county clerk.

AB881,5,17 2. Not earlier than 2 years and not later than 3 years after adopting the resolution under subd. 1., the town adopts a resolution informing the county of the town's withdrawal from coverage of the county's zoning ordinances, and the town sends certified copies of the documents under subd. 3. to the county clerk.

AB881,5,20 3. Not later than the effective date of the resolution adopted under subd. 2., the town enacts a zoning ordinance under s. 60.62, a comprehensive plan under s. 66.1001, and an official map under s. 62.23 (6).

AB881,5,22 (b) Nothing in this subsection authorizes a town to withdraw from a county shoreland zoning ordinance under s. 59.692.

AB881,8 Section 8. 60.62 (6) (a) of the statutes is amended to read:

AB881,6,3 60.62 (6) (a) Not later than 60 days before a town board that wishes to withdraw from county zoning and the county development plan under s. 60.23 (34) may enact an ordinance under s. 60.23 (34), the town board shall enact a zoning ordinance under this section, an official map under s. 62.23 (6), and a comprehensive plan under s. 66.1001.

AB881,9 Section 9. 60.62 (7) of the statutes is created to read:

AB881,6,9 60.62 (7) (a) If a town withdraws from coverage of a county zoning ordinance under s. 60.23 (35), the ordinance and any regulations, approvals, and conditions imposed under the ordinance continue in effect until the ordinance or the particular regulation, approval, or condition is specifically changed by official action of the town.

AB881,6,17 (b) If a town that has been subject to a town zoning ordinance adopts a resolution under s. 59.69 (5) (c) approving the application of a county zoning ordinance within any part of the town, the town zoning ordinance and any regulations, approvals, and conditions imposed under the town zoning ordinance, that are applicable to the area within the town for which the application of the county zoning ordinance is approved, continue in effect until the town zoning ordinance or the particular regulation, approval, or condition is specifically changed by official action of the county.

AB881,10 Section 10. 61.353 (5) of the statutes is amended to read:

AB881,6,24 61.353 (5) Provisions of a county shoreland zoning ordinance under s. 59.692 and any regulations, approvals, and conditions imposed under the ordinance that were applicable, prior to annexation, to any shoreland annexed by a village after May 7, 1982, shall continue in effect and shall be enforced after annexation by the annexing village until the effective date of an ordinance enacted by the village under sub. (2).

AB881,11 Section 11. 61.353 (6) of the statutes is amended to read:

AB881,7,6 61.353 (6) Provisions of a county shoreland zoning ordinance under s. 59.692 and any regulations, approvals and conditions imposed under the ordinance that were applicable prior to incorporation to any shoreland that is part of a town that incorporates as a village under s. 66.0203, 66.0211, or 66.0213 after April 30, 1994, shall continue in effect and shall be enforced after incorporation by the incorporated village until the effective date of an ordinance enacted by the village under sub. (2).

AB881,12 Section 12. 62.233 (5) of the statutes is amended to read:

AB881,7,13 62.233 (5) Provisions of a county shoreland zoning ordinance under s. 59.692 and any regulations, approvals, and conditions imposed under the ordinance that were applicable, prior to annexation, to any shoreland annexed by a city after May 7, 1982, shall continue in effect and shall be enforced after annexation by the annexing city until the effective date of an ordinance enacted by the city under sub. (2).

AB881,13 Section 13. 62.233 (6) of the statutes is amended to read:

AB881,7,21 62.233 (6) Provisions of a county shoreland zoning ordinance under s. 59.692 and any regulations, approvals, and conditions imposed under the ordinance that were applicable prior to incorporation to any shoreland that is part of a town that incorporates as a city under s. 66.0203, 66.0211, 66.0213, or 66.0215 after April 30, 1994, shall continue in effect and shall be enforced after incorporation by the incorporated city until the effective date of an ordinance enacted by the city under sub. (2).

AB881,14 Section 14. 66.0227 (4) of the statutes is amended to read:

AB881,8,9 66.0227 (4) If an area which that has been subject to a city or village zoning ordinance is detached from one municipality and attached to another under this section, the regulations imposed by the zoning ordinance and any regulations, approvals, and conditions imposed under the ordinance continue in effect and shall be enforced by the attaching city, village or town until the ordinance or the particular regulation, approval, or condition is specifically changed by official action of the governing body of the municipality, except that if . If the detachment or attachment is contested in the courts, the zoning ordinance and any regulations, approvals, and conditions imposed under the ordinance of the detaching municipality prevails continue in effect, and the detaching city or village has retains jurisdiction over the zoning in the area affected until ultimate determination final disposition of the court action.

AB881,15 Section 15. 66.0307 (7m) of the statutes is renumbered 66.0307 (7m) (a) and amended to read:

AB881,8,17 66.0307 (7m) (a) If a town is a party to a cooperative plan with a city or village, the town and city or village may agree, as part of the cooperative plan, to authorize the town, city, or village to adopt enact a zoning ordinance under s. 60.61, 61.35 , or 62.23 for all or a portion of the town territory covered by the plan. The exercise of zoning authority by a town under this subsection paragraph is not subject to s. 60.61 (3) or 60.62 (3).

AB881,8,24 (b) 1. If a county zoning ordinance applies to the town territory covered by the a cooperative plan subject to an agreement under par. (a), that ordinance and amendments to it any regulations, approvals, and conditions imposed under the ordinance continue in effect until a zoning the ordinance is adopted under this subsection. or the particular regulation, approval, or condition is specifically changed by official action of the town, city, or village with authority to enact a zoning ordinance under the agreement under par. (a).

AB881,9,5 2. If a zoning ordinance is adopted enacted under this subsection par. (a), that zoning ordinance continues and any regulations, approvals, and conditions imposed under the ordinance continue in effect after the planning period ceases until a different zoning ordinance for the territory is adopted the ordinance or the particular regulation, approval, or condition is specifically changed under other applicable law.

AB881,9,7 (c) This subsection does not affect zoning ordinances adopted under s. 59.692 or 87.30 or ch. 91.

AB881,16 Section 16. 236.10 (1m) (a) of the statutes is amended to read:

AB881,9,14 236.10 (1m) (a) Except as provided in par. (b), a county planning agency under sub. (1) (b) 3. or (c) 2. has no authority to approve or object to the preliminary or final plat of a subdivision that is located in a town that has, before the preliminary plat is submitted for approval, or before the final plat is submitted for approval if no preliminary plat is submitted, enacted an ordinance under s. 60.23 (34) or (35) withdrawing the town from county zoning and the county development plan.

AB881,17 Section 17. 236.34 (2m) (a) of the statutes is amended to read:

AB881,9,20 236.34 (2m) (a) Except as provided in par. (b), a county planning agency under s. 236.10 (1) (b) 3. or (c) 2. has no authority to approve or object to a certified survey map that divides land that is located in a town that has, before the certified survey map is submitted for approval, enacted an ordinance under s. 60.23 (34) or (35) withdrawing the town from county zoning and the county development plan.

AB881,9,21 (End)