60.61(4)(c)3.
3. A proposed amendment, supplement or change to the town zoning ordinance must be adopted by not less than a two-thirds vote of the town board if the proposed amendment, supplement or change would make any change in an airport affected area, as defined under
s. 62.23 (6) (am) 1. b. and if a protest against the proposed revision is presented to the town board prior to or at the public hearing under
subd. 1. by the owner or operator of the airport bordered by the airport affected area.
60.61(4)(d)1.1. In this paragraph, "comprehensively revise" means to incorporate numerous and substantial changes in the zoning ordinance.
60.61(4)(d)2.
2. The town board may, by a single ordinance, comprehensively revise an existing town zoning ordinance. The ordinance shall be adopted under
par. (b).
60.61(5)(a)(a) An ordinance adopted under this section may not prohibit the continued use of any building or premises for any trade or industry for which the building or premises is used when the ordinance takes effect. An ordinance adopted under this section may prohibit the alteration of, or addition to, any existing building or structure used to carry on an otherwise prohibited trade or industry within the district. If a use that does not conform to an ordinance adopted under this section is discontinued for a period of 12 months, any future use of the land, building or premises shall conform to the ordinance.
60.61(5)(b)
(b) Except as provided in
par. (d), immediately after the publication of a town zoning ordinance, the town board shall provide for the compilation of a record of the present use of all buildings and premises used for purposes not in conformity with the zoning ordinance. The record shall contain the names and addresses of the owner of the nonconforming use and any occupant other than the owner, the legal description of the land, and the nature and extent of the use of the land. The record shall be published in the town as a class 1 notice under
ch. 985. Within 60 days after final publication, upon presentation of proof to the town board, errors or omissions in the record may be corrected. At the expiration of the 60-day period, the record shall be filed in the office of the town clerk after the record is first recorded in the office of the register of deeds. The record is prima facie evidence of the extent and number of nonconforming uses existing at the time the ordinance takes effect. Errors or omissions in the record shall be corrected by the town board upon petition of any citizen or by the board on its own motion. The decision of the board concerning errors or omissions is final.
60.61(5)(c)
(c) Immediately after the record of nonconforming uses is filed with the town clerk, the clerk shall furnish the town assessor the record of nonconforming uses within the town. After the assessment for the following year and each succeeding assessment, the town assessor shall file a written report, certified by the board of review, with the town clerk listing all nonconforming uses which have been discontinued since the prior assessment. The town clerk shall record discontinued nonconforming uses as soon as reported by the assessor. In this paragraph, "town assessor" includes the county assessor assessing the town under
s. 70.99.
60.61(5)(d)
(d) Paragraphs (b) and
(c) do not apply to towns issuing building permits as a means of enforcing the zoning ordinance or of identifying nonconforming uses or to towns which have established other procedures for this purpose.
60.61(6)
(6) Enforcement. The town board may by ordinance provide for the enforcement of all ordinances adopted under this section. The board may impose forfeitures and other penalties for violation of ordinances adopted under this section. To enforce compliance with ordinances adopted under this section, the town or the owner of real estate within a district affected by the ordinance may seek a court order.
60.62
60.62
Zoning authority if exercising village powers. 60.62(1)(1) Subject to
subs. (2),
(3) and
(4), if a town board has been granted authority to exercise village powers under
s. 60.10 (2) (c), the board may adopt zoning ordinances under
s. 61.35.
60.62(2)
(2) If the county in which the town is located has enacted a zoning ordinance under
s. 59.69, the exercise of the authority under
sub. (1) is subject to approval by the town meeting or by a referendum vote of the electors of the town held at the time of any regular or special election. The question for the referendum vote shall be filed as provided in
s. 8.37.
60.62(3)
(3) In counties having a county zoning ordinance, no zoning ordinance or amendment of a zoning ordinance may be adopted under this section unless approved by the county board.
60.62(4)(a)(a) Notwithstanding
ss. 61.35 and
62.23 (1) (a), a town with a population of less than 2,500 that acts under this section may create a "Town Plan Commission" under
s. 62.23 (1) (a) that has 5 members, all of whom shall be appointed by the town board chairperson, who shall also select the presiding officer. The town board chairperson may appoint himself or herself to the commission and may appoint other town elected or appointed officials to the commission, except that the commission shall always have at least one citizen member who is not a town official. All other provisions of
ss. 61.35 and
62.23 shall apply to a town plan commission that has 5 members.
60.62(4)(b)
(b) If a town plan commission consists of 7 members and the town board enacts an ordinance or adopts a resolution reducing the size of the commission to 5 members, the commission shall continue to operate with 6 or 7 members until the expiration of the terms of the 2 citizen members, who were appointed under
s. 62.23 (1) (a), whose terms expire soonest after the effective date of the ordinance or resolution that reduces the size of the commission.
60.62(4)(c)
(c) If a town plan commission consists of 5 members and the town board enacts an ordinance or adopts a resolution increasing the size of the commission to 7 members, the town board chairperson shall appoint the 2 new members under
s. 62.23 (1) (a).
60.62 Annotation
An amended PUD ordinance that allowed the placement of a PUD in any district, subject only to the approval of the town board as a conditional use, was invalid as it allowed the town to rezone without county board approval. City of Waukesha v. Town of Waukesha,
198 Wis. 2d 592,
543 N.W.2d 515 (Ct. App. 1995).
60.62 Annotation
Judicial review of a county board's legislative decision concerning approval or disapproval of town zoning ordinances submitted under (3) is limited to cases of abuse of discretion, excess of power, or error of law.
79 Atty. Gen. 117.
60.627
60.627
Town construction site erosion control and storm water management zoning. 60.627(1)
(1)
Definition. In this section, "department" means the department of natural resources.
60.627(2)(a)(a) To effect the purposes of
s. 281.33 and to promote the public health, safety and general welfare, if a town board may enact zoning ordinances under
s. 60.62, the town board may enact a zoning ordinance, that is applicable to all of its area, for construction site erosion control at sites where the construction activities do not include the construction of a building and for storm water management. This ordinance may be enacted separately from ordinances enacted under
s. 60.62.
60.627(2)(b)
(b) A county ordinance enacted under
s. 59.693 does not apply and has no effect in a town in which an ordinance enacted under this section is in effect.
60.627(4)
(4) Applicability of village zoning provisions. 60.627(4)(a)(a) Except as otherwise specified in this section, the provisions of
s. 61.35, as they apply to villages, apply to any ordinance or amendment to an ordinance enacted under this section.
60.627(4)(b)
(b) Variances and appeals regarding a construction site erosion control and storm water management ordinance under this section are to be determined by the board of appeals or similar agency for the town. To the extent specified under
s. 61.35, procedures under
s. 62.23 (7) (e) apply to these determinations.
60.627(4)(c)
(c) An ordinance enacted under this section supersedes all provisions of an ordinance enacted under
s. 60.62 that relate to construction site erosion control at sites where the construction activities do not include the construction of a building or to storm water management regulation.
60.627(5)
(5) Applicability of comprehensive zoning plan or general zoning ordinance. An ordinance enacted under this section shall accord and be consistent with any comprehensive zoning plan or general zoning ordinance applicable to the enacting town, so far as practicable.
60.627(6)
(6) Applicability of local subdivision regulation. All powers granted to a town under
s. 236.45 may be exercised by it with respect to construction site erosion control at sites where the construction activities do not include the construction of a building or with respect to storm water management regulation, if the town has or provides a planning commission or agency.
60.627(7)
(7) Applicability to local governments and agencies. An ordinance enacted under this section is applicable to activities conducted by a unit of local government and an agency of that unit of government. An ordinance enacted under this section is not applicable to activities conducted by an agency, as defined under
s. 227.01 (1) but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under
s. 281.33 (2).
60.627(8)(a)(a) Except as provided in
par. (c),
s. 66.0301 applies to this section, but for the purposes of this section any agreement under
s. 66.0301 shall be effected by ordinance.
60.627(8)(b)
(b) If a town is served by a regional planning commission under
s. 66.0309 and if the commission consents, the town may empower the commission by ordinance to administer the ordinance enacted under this section throughout the town, whether or not the area otherwise served by the commission includes all of that town.
60.627(8)(c)
(c) If a town is served by the Dane County Lakes and Watershed Commission, and if the commission consents, the town may empower the commission by ordinance to administer the ordinance enacted under this section throughout the town, whether or not the area otherwise served by the commission includes all of that town.
Section 66.0301 does not apply to this paragraph.
60.627(9)
(9) Validity upon annexation. An ordinance enacted under this section by a town continues in effect in any area annexed by a city or village after the effective date of that ordinance unless the city or village enacts, maintains and enforces a city or village ordinance which complies with minimum standards established by the department and which is at least as restrictive as the town ordinance enacted under this section. If, after providing notice and conducting a hearing on the matter, the department determines that an ordinance enacted by a city or village which is applicable to an area annexed after the effective date of the town ordinance does not meet these standards or is not as restrictive as the town ordinance, the department shall issue an order declaring the city or village ordinance void and reinstating the applicability of the town ordinance to the annexed area.
60.63
60.63
Community and other living arrangements. For purposes of
s. 60.61, the location of a community living arrangement, as defined in
s. 46.03 (22), a foster home, as defined in
s. 48.02 (6), a treatment foster home, as defined in
s. 48.02 (17q), or an adult family home, as defined in
s. 50.01 (1), in any town shall be subject to the following criteria:
60.63(1)
(1) No community living arrangement may be established after March 28, 1978 within 2,500 feet, or any lesser distance established by an ordinance of the town, of any other such facility. Agents of a facility may apply for an exception to this requirement, and such exceptions may be granted at the discretion of the local town. Two community living arrangements may be adjacent if the town authorizes that arrangement and if both facilities comprise essential components of a single program.
60.63(2)
(2) Community living arrangements shall be permitted in each town without restriction as to the number of facilities, so long as the total capacity of the community living arrangements does not exceed 25 or one percent of the town's population, whichever is greater. If the capacity of the community living arrangements in the town reaches such total, the town may prohibit additional community living arrangements from locating in the township. Agents of a facility may apply for an exception to this requirement, and such exceptions may be granted at the discretion of the town.
60.63(3)
(3) A foster home or a treatment foster home that is the primary domicile of a foster parent or treatment foster parent and that is licensed under
s. 48.62 or an adult family home certified under
s. 50.032 (1m) (b) shall be a permitted use in all residential areas and is not subject to
subs. (1) and
(2) except that foster homes and treatment foster homes operated by corporations, child welfare agencies, churches, associations or public agencies shall be subject to
subs. (1) and
(2).
60.63(3m)(a)(a) No adult family home described in
s. 50.01 (1) (b) may be established within 2,500 feet, or any lesser distance established by an ordinance of the town, of any other adult family home described in
s. 50.01 (1) (b) or any community living arrangement. An agent of an adult family home described in
s. 50.01 (1) (b) may apply for an exception to this requirement, and the exception may be granted at the discretion of the town.
60.63(3m)(b)
(b) An adult family home described in
s. 50.01 (1) (b) that meets the criteria specified in
par. (a) and that is licensed under
s. 50.033 (1m) (b) is permitted in the town without restriction as to the number of adult family homes and may locate in any residential zone, without being required to obtain special zoning permission except as provided in
sub. (10).
60.63(4)
(4) If the community living arrangement has capacity for 8 or fewer persons being served by the program, meets the criteria listed in
subs. (1) and
(2), and is licensed, operated or permitted under the authority of the department of health and family services, the community living arrangement is entitled to locate in any residential zone, without being required to obtain special zoning permission except as provided under
sub. (10).
60.63(5)
(5) In all cases where the community living arrangement has capacity for 9 to 15 persons being served by the program, meets the criteria listed in
subs. (1) and
(2), and is licensed, operated or permitted under the authority of the department of health and family services, that facility is entitled to locate in any residential area except areas zoned exclusively for single-family or 2-family residences except as provided in
sub. (10), but is entitled to apply for special zoning permission to locate in those areas. The town may grant such special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.
60.63(6)
(6) In all cases where the community living arrangement has capacity for serving 16 or more persons, meets the criteria listed in
subs. (1) and
(2), and is licensed, operated or permitted under the authority of the department of health and family services, that facility is entitled to apply for special zoning permission to locate in areas zoned for residential use. The town may grant such special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.
60.63(7)
(7) The department of health and family services shall designate a single subunit within the department to maintain appropriate records indicating the location and the capacity of each community living arrangement, and such information shall be available to the public.
60.63(8)
(8) In this section, "special zoning permission" includes but is not limited to the following: special exception, special permit, conditional use, zoning variance, conditional permit and words of similar intent.
60.63(9)
(9) The attorney general shall take all necessary action, upon the request of the department of health and family services, to enforce compliance with this section.
60.63(10)
(10) Not less than 11 months nor more than 13 months after the first licensure of an adult family home under
s. 50.033 or of a community living arrangement and every year thereafter, the town board of a town in which a licensed adult family home or a community living arrangement is located may make a determination as to the effect of the adult family home or community living arrangement on the health, safety or welfare of the residents of the town. The determination shall be made according to the procedures provided under
sub. (11). If the town board determines that the existence in the town of a licensed adult family home or a community living arrangement poses a threat to the health, safety or welfare of the residents of the town, the town board may order the adult family home or community living arrangement to cease operation unless special zoning permission is obtained. The order is subject to judicial review under
s. 68.13, except that a free copy of the transcript may not be provided to the licensed adult family home or community living arrangement. The licensed adult family home or community living arrangement must cease operation within 90 days after the date of the order, or the date of final judicial review of the order, or the date of the denial of special zoning permission, whichever is later.
60.63(10m)
(10m) The fact that an individual with acquired immunodeficiency syndrome or a positive test for the presence of HIV, as defined in
s. 252.01 (1m), antigen or nonantigenic products of HIV or an antibody to HIV resides in a community living arrangement with a capacity for 8 or fewer persons may not be used under
sub. (10) to assert or prove that the existence of the community living arrangement in the town poses a threat to the health, safety or welfare of the residents of the town.
60.63(11)
(11) A determination made under
sub. (10) shall be made after a hearing before the town board. The town shall provide at least 30 days' notice to the licensed adult family home or the community living arrangement that such a hearing will be held. At the hearing, the licensed adult family home or the community living arrangement may be represented by counsel and may present evidence and call and examine witnesses and cross-examine other witnesses called. The town board may call witnesses and may issue subpoenas. All witnesses shall be sworn by the town board. The town board shall take notes of the testimony and shall mark and preserve all exhibits. The town board may, and upon request of the licensed adult family home or the community living arrangement shall, cause the proceedings to be taken by a stenographer or by a recording device, the expense thereof to be paid by the town. Within 20 days after the hearing, the town board shall deliver to the licensed adult family home or the community living arrangement its written determination stating the reasons therefor. The determination shall be a final determination.
60.64
60.64
Historic preservation. The town board, in the exercise of its zoning and police powers for the purpose of promoting the health, safety and general welfare of the community and of the state, may regulate any place, structure or object with a special character, historic interest, aesthetic interest or other significant value for the purpose of preserving the place, structure or object and its significant characteristics. The town board may create a landmarks commission to designate historic landmarks and establish historic districts. The board may regulate all historic landmarks and all property within each historic district to preserve the historic landmarks and property within the district and the character of the district.
60.64 History
History: 1983 a. 532.
60.65
60.65
Board of adjustment. 60.65(1)
(1)
Town board shall appoint. If a zoning ordinance has been adopted under
s. 60.61, the town board shall establish and appoint a board of adjustment.
60.65(2)
(2) Membership. The board of adjustment consists of 3 members. Not more than one town board supervisor may be a member of the board of adjustment. The initial terms of the members of the board of adjustment are one, 2 and 3 years, respectively, starting from the first day of the month next following the appointment. Successors shall be appointed or elected at the expiration of each term and their term of office shall be 3 years and until their successors are appointed or elected. Members of the board of adjustment shall reside within the town. The board shall choose a chairperson. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant. The town board may compensate the members of the adjustment board.
60.65(3)
(3) Powers and duties. The town board may authorize the board of adjustment to, in appropriate cases and subject to appropriate conditions and safeguards, permit special exceptions to the terms of the zoning ordinance under
s. 60.61 consistent with the ordinance's general purpose and intent and with applicable provisions of the ordinance. This subsection does not preclude the granting of special exceptions by the town zoning committee designated under
s. 60.61 (4) or the town board, in accordance with regulations and restrictions adopted under
s. 60.61.
60.65(4)
(4) Procedure. The town board shall adopt regulations for the conduct of the business of the board of adjustment consistent with ordinances adopted under
s. 60.61. The board of adjustment may adopt rules necessary to implement the regulations of the town board. Meetings of the board shall be held at the call of the chairperson and other times as the board may determine. The chairperson or, in his or her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. The board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent, indicating that fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. In any action involving a historic property, as defined in
s. 44.31 (3), the board shall consider any suggested alternatives or recommended decision submitted by the landmarks commission or the zoning committee.
60.65(5)
(5) Exercise of county board of adjustment powers. Boards of adjustment under town zoning ordinances shall have the powers and duties provided for boards of adjustment under
s. 59.694 and shall carry out their duties in the manner provided for boards of adjustment by
s. 59.694.
60.65 Annotation
General, rather than explicit, standards regarding the granting of special exceptions may be adopted and applied by the governing body. The applicant has the burden of formulating conditions showing that the proposed use will meet the standards. Upon approval, additional conditions may be imposed by the governing body. Kraemer & Sons v. Sauk County Adjustment Board,
183 Wis. 2d 1,
515 N.W.2d 256 (1994).
60.66
60.66
Town park commission. 60.66(1)
(1)
Established by annual town meeting. The annual town meeting may establish a town park commission consisting of 7 members.
60.66(2)(a)(a) The town board shall appoint the members of the commission within 60 days after the commission is established. Each member shall take and file the official oath.
60.66(2)(b)
(b) Except as provided under
par. (c), members shall serve a term of 7 years, commencing July 1 of the year in which appointed. The town board shall appoint a successor during the month of June immediately preceding the expiration of the member's term.
60.66(2)(c)
(c) The first 7 members shall be appointed for staggered terms so that on the first day of July in each of the 7 years next following the year in which they are appointed, the term of one member expires.
60.66(2)(d)
(d) A member shall hold his or her office until his or her successor is appointed and qualified.
60.66(3)(a)(a) Within 30 days after the appointment and qualification of the initial members of the commission, the commission shall hold a meeting to appoint officers and establish bylaws for its operation.
60.66(3)(b)
(b) The commission may appoint necessary assistants and employees to carry out its functions, make rules and regulations concerning their work and remove them at pleasure.
60.66(3)(c)
(c) The town board shall provide sufficient office space for the maps, plans, documents and records of the commission.
60.66(4)(a)(a) In this subsection, "park" means a public park, parkway, boulevard or pleasure drive.
60.66(4)(b)
(b) The commission shall have charge of and supervision over all parks located in the town and may exercise the powers of a board of park commissioners under
ss. 27.08 and
27.10 (1).
60.66(4)(c)
(c) Within 2 years after its organization under
sub. (3), the commission shall:
60.66(4)(c)1.
1. Make a thorough study of the town with reference to reserving lands for park purposes.
60.66(4)(c)2.
2. Make plans and maps of a comprehensive town park system.
60.66(4)(c)3.
3. Present the results of its study and its plans to the town meeting.
60.66(4)(d)1.
1. Lay out, improve and maintain parks in the town.
60.66(4)(d)2.
2. Lay out, grade, construct, improve and maintain highways, roads and bridges in a park or connecting the park with any other park or with any municipality.
60.66(4)(d)3.
3. Establish regulations for the use and enjoyment of the parks by the public.
