66.1007(2)(e)
(e) The local legislative body votes to adopt the proposed initial operating plan for the municipality.
66.1007(3)(a)(a) The chief executive officer shall appoint members to an architectural conservancy district board to implement the operating plan. Board members shall be confirmed by the local legislative body and shall serve staggered terms designated by the local legislative body. The board shall have at least 5 members. A majority of board members shall own or occupy real property in the architectural conservancy district.
66.1007(3)(b)
(b) The board shall annually consider and may make changes to the operating plan, which may include termination of the plan, for its architectural conservancy district. The board shall then submit the operating plan to the local legislative body for its approval. If the local legislative body disapproves the operating plan, the board shall consider and may make changes to the operating plan and may continue to resubmit the operating plan until local legislative body approval is obtained. Any change to the special assessment method applicable to the architectural conservancy district shall be approved by the local legislative body.
66.1007(3)(c)
(c) The board shall prepare and make available to the public annual reports describing the current status of the architectural conservancy district, including expenditures and revenues. The report shall include an independent certified audit of the implementation of the operating plan that shall be obtained by the municipality. The municipality shall obtain an additional independent certified audit upon termination of the architectural conservancy district.
66.1007(3)(d)
(d) Either the board or the municipality, as specified in the operating plan as adopted, or as amended and approved under
par. (b), shall have all powers necessary or convenient to implement the operating plan, including the power to contract.
66.1007(4)
(4) All special assessments received from an architectural conservancy district, all other appropriations by the municipality and all other moneys received for the benefit of the architectural conservancy district shall be placed in a segregated account in the municipal treasury. No disbursements from the account may be made except to reimburse the municipality for appropriations other than special assessments, to pay the costs of audits required under
sub. (3) (c) or on order of the board for the purpose of implementing the operating plan. On termination of the architectural conservancy district by the municipality, all moneys collected by special assessment that remain in the account shall be disbursed to the owners of specially assessed property in the architectural conservancy district in the same proportion as the last collected special assessment.
66.1007(5)
(5) A municipality shall terminate an architectural conservancy district if the owners of property assessed under the operating plan having a valuation equal to more than 50% of the valuation of all property assessed under the operating plan, using the method of valuation specified in the operating plan, or the owners of property assessed under the operating plan having an assessed valuation equal to more than 50% of the assessed valuation of all property assessed under the operating plan, file a petition with the planning commission requesting termination of the architectural conservancy district, subject to all of the following conditions:
66.1007(5)(a)
(a) A petition may not be filed under this subsection earlier than one year after the date on which the municipality first adopts the operating plan for the architectural conservancy district.
66.1007(5)(b)
(b) On and after the date on which a petition is filed under this subsection, neither the board nor the municipality may enter into any new obligations by contract or otherwise to implement the operating plan until 30 days after the date of hearing under
par. (c) and unless the architectural conservancy district is not terminated under
par. (e).
66.1007(5)(c)
(c) Within 30 days after the filing of a petition under this subsection, the planning commission shall hold a public hearing on the proposed termination. Notice of the hearing shall be published as a class 2 notice under
ch. 985. Before publication of the notice, a copy of that notice, a copy of the operating plan and a copy of a detail map showing the boundaries of the architectural conservancy district shall be sent by certified mail to all owners of real property within the architectural conservancy district. The notice shall state the boundaries of the architectural conservancy district and shall indicate that copies of the operating plan are available on request from the planning commission.
66.1007(5)(d)
(d) Within 30 days after the hearing held under
par. (c), every owner of property assessed under the operating plan may send written notice to the planning commission indicating, if the owner signed a petition under this subsection, that the owner retracts the owner's request to terminate the architectural conservancy district or, if the owner did not sign the petition, that the owner requests termination of the architectural conservancy district.
66.1007(5)(e)
(e) If on the 31st day after the hearing held under
par. (c), the owners of property assessed under the operating plan having a valuation equal to more than 50% of the valuation of all property assessed under the operating plan, using the method of valuation specified in the operating plan, or the owners of property assessed under the operating plan having an assessed valuation equal to more than 50% of the assessed valuation of all property assessed under the operating plan, after adding subsequent notifications under
par. (d) and after subtracting any retractions under
par. (d), have requested the termination of the architectural conservancy district, the municipality shall terminate the architectural conservancy district on the date that the obligation with the latest completion date entered into to implement the operating plan expires.
66.1007(6)(a)(a) A municipality may terminate an architectural conservancy district at any time.
66.1007(6)(b)
(b) This section does not limit the authorities of a municipality to regulate the use of or specially assess real property.
66.1007 History
History: 1991 a. 269;
1999 a. 150 s.
540; Stats. 1999 s. 66.1007.
66.1009
66.1009
Agreement to establish an airport affected area. Any county, town, city or village may establish by written agreement with an airport, as defined in
s. 62.23 (6) (am) 1. a.:
66.1009 History
History: 1985 a. 136;
1995 a. 201;
1999 a. 150 s.
365; Stats. 1999 s. 66.1009.
66.1009 Note
NOTE:
Section 1 of 85 Act 136 is entitled "Findings and purpose".
66.1011
66.1011
Local equal opportunities. 66.1011(1)
(1)
Declaration of policy. The right of all persons to have equal opportunities for housing regardless of their sex, race, color, physical condition, disability as defined in
s. 106.50 (1m) (g), sexual orientation as defined in
s. 111.32 (13m), religion, national origin, marital status, family status as defined in
s. 106.50 (1m) (k), lawful source of income, age or ancestry is a matter both of statewide concern under
ss. 101.132 and
106.50 and also of local interest under this section and
s. 66.0125. The enactment of
ss. 101.132 and
106.50 by the legislature does not preempt the subject matter of equal opportunities in housing from consideration by political subdivisions, and does not exempt political subdivisions from their duty, nor deprive them of their right, to enact ordinances which prohibit discrimination in any type of housing solely on the basis of an individual being a member of a protected class.
66.1011(1m)(e)
(e) "Political subdivision" means a city, village, town or county.
66.1011(2)
(2) Antidiscrimination housing ordinances. Political subdivisions may enact ordinances prohibiting discrimination in housing within their respective boundaries solely on the basis of an individual being a member of a protected class. An ordinance may be similar to
ss. 101.132 and
106.50 or may be more inclusive in its terms or in respect to the different types of housing subject to its provisions. An ordinance establishing a forfeiture as a penalty for violation may not be for an amount that is less than the statutory forfeitures under
s. 106.50 (6) (h). An ordinance may permit a complainant, aggrieved person or respondent to elect to remove the action to circuit court after a finding has been made that there is reasonable cause to believe that a violation of the ordinance has occurred. An ordinance may authorize the political subdivision, at any time after a complaint has been filed alleging an ordinance violation, to file a complaint in circuit court seeking a temporary injunction or restraining order pending final disposition of the complaint.
66.1011(3)
(3) Contingency restriction. No political subdivision may enact an ordinance under
sub. (2) that contains a provision making its effective date or the operation of any of its provisions contingent on the enactment of an ordinance on the same or similar subject matter by one or more other political subdivisions.
66.1011 Note
NOTE: 1991 Wis. Act 295, which affected this section, contains extensive legislative council notes.
66.1011 Annotation
An ordinance provision banning discrimination against "cohabitants" was outside the authority of sub. (2) and was invalid. County of Dane v. Norman,
174 Wis. 2d 683,
497 N.W.2d 714 (1993).
66.1013
66.1013
Urban homestead programs. 66.1013(1)
(1)
Program established. In this section "governing body" means a county board, city council, village board or town board that establishes a program under this section and "property" means any property used principally for dwelling purposes that contains no more than 2 dwelling units and that is owned by a governing body. Any county board, city council, village board or town board may establish an urban homestead program. A program established by a county board under this section applies only to those unincorporated areas of the county in which no program exists. The program shall consist of the conveyance of property at cost under conditions set by the governing body and under the requirements of this section, to any individual or household satisfying eligibility requirements established by the governing body. The governing body may appropriate money for the administration of the program and may take any other action considered advisable or necessary to promote the program, including, but not limited to, the following:
66.1013(1)(a)
(a) Acquisition under
ch. 75 of any property which would be eligible for conveyance under the program.
66.1013(1)(b)
(b) Acquisition of any other property which would be eligible for conveyance under this program and that is declared unfit for human habitation by any housing code enforcement agency with jurisdiction over the property or that is found to be in substantial noncompliance with local housing codes.
66.1013(2)
(2) Conditions of conveyance. As a condition of the conveyance of the property under
sub. (1), the governing body shall require that:
66.1013(2)(a)
(a) The property be rehabilitated so that it satisfies all housing-related requirements of applicable law, including, but not limited to, building, plumbing, electrical and fire prevention codes, within a specific period, not to exceed 2 years, after the conveyance.
66.1013(2)(b)
(b) The person to whom the property is conveyed live on the premises for a specified period, which may not be less than 3 years.
66.1013(2)(c)
(c) The legal title to and ownership of any property conditionally conveyed under this section remain in the governing body until quitclaim deed to the property is conveyed to the individual or household under this subsection. The instrument of a conditional conveyance of property under this subsection shall contain the provision of this paragraph.
66.1013(2m)
(2m) Eligibility. The governing body may establish reasonable eligibility criteria and other conditions and requirements necessary to ensure that the purposes of a program under this section are carried out.
66.1013(3)
(3) Transfer of title. If an individual or household has resided on property conveyed under this section for the period of time required under
sub. (2) and has rehabilitated and maintained and otherwise complied with the terms of the conditional conveyance under
subs. (2) and
(2m) throughout the period, the governing body shall convey to the individual or household, by quitclaim deed, all of the body's reversionary interests in the property.
66.1013(4)
(4) Mortgages. If an individual or household obtains a mortgage from a lending institution and uses the proceeds of the mortgage solely for the purposes of rehabilitating or constructing the premises or property under this section, the governing body shall agree to subjugate its rights to the premises or property in case of default, and shall agree that in such case it will execute and deliver a deed conveying title in fee simple to the institution, provided that the institution shall dispose of the property in like manner as foreclosed real estate and shall pay over any part of the proceeds of the disposition as shall exceed the amount remaining to be paid on account of the mortgage together with the actual cost of the sale, to the governing body. In return for relinquishing such rights, the governing body shall be given by the lending institution the opportunity to find, within 90 days of the default, another individual or household to assume the mortgage obligation.
66.1013 History
History: 1981 c. 231; Stats. 1981 s. 66.91;
1981 c. 391 s.
80; Stats. 1981 s. 66.925;
1987 a. 378;
1993 a. 246;
1999 a. 150 s.
602; Stats. 1999 s. 66.1013.
66.1013 Note
NOTE: Chapter 231, laws of 1981, section
2, which created this section, contains legislative "findings and purpose" in section 1.
66.1015
66.1015
Municipal rent control prohibited. 66.1015(1)
(1) No city, village, town or county may regulate the amount of rent or fees charged for the use of a residential rental dwelling unit.
66.1015(2)
(2) This section does not prohibit a city, village, town, county, or housing authority or the Wisconsin Housing and Economic Development Authority from doing any of the following:
66.1015(2)(a)
(a) Entering into a rental agreement which regulates rent or fees charged for the use of a residential rental dwelling unit it owns or operates.
66.1015(2)(b)
(b) Entering into an agreement with a private person who regulates rent or fees charged for a residential rental dwelling unit.
66.1015 History
History: 1991 a. 39;
1999 a. 150 s.
377; Stats. 1999 s. 66.1015;
2001 a. 104.
66.1017
66.1017
Family day care homes. 66.1017(1)(a)
(a) "Family day care home" means a dwelling licensed as a day care center by the department of health and family services under
s. 48.65 where care is provided for not more than 8 children.
66.1017(1)(b)
(b) "Municipality" means a county, city, village or town.
66.1017(2)
(2) No municipality may prevent a family day care home from being located in a zoned district in which a single-family residence is a permitted use. No municipality may establish standards or requirements for family day care homes different from the licensing standards established under
s. 48.65. This subsection does not prevent a municipality from applying to a family day care home the zoning regulations applicable to other dwellings in the zoning district in which it is located.
66.1017 History
History: 1983 a. 193;
1995 a. 27 s.
9126 (19);
1999 a. 150 s.
361; Stats. 1999 s. 66.1017.
66.1019
66.1019
Housing codes to conform to state law. 66.1019(1)(1)
One- and 2-family dwelling code. Ordinances enacted by any county, city, village or town relating to the construction and inspection of one- and 2-family dwellings shall conform to
subch. II of ch. 101.
66.1019(2)
(2) Manufactured building code. Ordinances enacted by any county, city, village or town relating to the on-site inspection of the installation of manufactured buildings shall conform to
subch. III of ch. 101.
66.1019(3)(a)(a) Except as provided in
par. (b), any ordinance enacted by a county, city, village or town relating to the construction or inspection of multifamily dwellings, as defined in
s. 101.971 (2), shall conform to
subch. VI of ch. 101 and
s. 101.02 (7m).
66.1019(3)(b)
(b) If a county, city, village or town has a preexisting stricter sprinkler ordinance, as defined in
s. 101.975 (3) (a), that ordinance remains in effect and the county, city, village or town may take any action with regard to that ordinance that a political subdivision may take under
s. 101.975 (3) (b).
66.1019 History
History: 1999 a. 150 ss.
266,
358 to
360; Stats. 1999 s. 66.1019.
66.1021
66.1021
City, village and town transit commissions. 66.1021(1)(1) A city, village or town may enact an ordinance for the establishment, maintenance and operation of a comprehensive unified local transportation system, the major portion of which is located within, or the major portion of the service of which is supplied to the inhabitants of, the city, village or town, and which system is used for the transportation of persons or freight.
66.1021(2)
(2) The transit commission shall be designated "Transit Commission" preceded by the name of the enacting city, village or town.
66.1021(3)(a)
(a) "Comprehensive unified local transportation system" means a transportation system comprised of motor bus lines and any other local public transportation facilities or freight transportation facilities, the major portions of which are within the city, village or town.
66.1021(3)(b)
(b) "Transit commission" or "commission" means the local transit commission created under this section.
66.1021(4)
(4) The transit commission shall consist of not less than 3 members to be appointed by the mayor or village board or town board chairperson and approved by the common council or village or town board, one of whom shall be designated as chairperson.
66.1021(5)(a)(a) The first members of the transit commission shall be appointed for staggered 3-year terms. The term of office of each member appointed after the first members of the transit commission shall be 3 years.
66.1021(5)(c)
(c) No person holding stocks or bonds in any corporation subject to the jurisdiction of the transit commission, or who is in any other manner pecuniarily interested in any such corporation, may be a member of nor be employed by the transit commission.
66.1021(6)
(6) The transit commission may appoint a secretary and employ accountants, engineers, experts, inspectors, clerks and other employees and fix their compensation, and purchase furniture, stationery and other supplies and materials, that are reasonably necessary to enable it to perform its duties and exercise its powers.
66.1021(7)(a)(a) The transit commission may conduct hearings and may adopt rules relative to the calling, holding and conduct of its meetings, the transaction of its business, the regulation and control of its agents and employees, the filing of complaints and petitions and the service of notices.
66.1021(7)(b)
(b) For the purpose of receiving, considering and acting upon any complaints or applications that may be presented to it or for the purpose of conducting investigations or hearings on its own motion the transit commission shall hold regular meetings at least once a week except in the months of July and August and special meetings on the call of the chairperson or at the request of the common council or village or town board.
66.1021(7)(c)
(c) The transit commission may adopt a seal, of which judicial notice shall be taken in all courts. Any process, writ, notice or other instrument that the commission may be authorized by law to issue shall be considered sufficient if signed by the secretary of the commission and authenticated by the commission's seal. All acts, orders, decisions, rules and records of the commission, and all reports, schedules and documents filed with the commission may be proved in any court by a copy of the documents that is certified by the secretary under the seal of the commission.
66.1021(8)
(8) Except as otherwise provided in this subsection, the jurisdiction, powers and duties of the transit commission shall extend to the comprehensive unified local transportation system for which the commission is established including any portion of the system extending into adjacent or suburban territory that is outside of the city, village or town not more than 30 miles from the nearest point marking the corporate limits of the city, village or town. The jurisdiction, powers and duties of a transit commission providing rail service shall extend to the comprehensive unified local rail transportation system for which the commission is established including any portion of the system that extends into adjacent or suburban territory that is outside of the city, village or town and in an adjoining state whose laws permit, subject to the laws of that state but subject to the laws of this state in all matters relating to rail service.
66.1021(9)
(9) The initial acquisition of the properties for the establishment of, and to comprise, the comprehensive unified local transportation system is subject to
s. 66.0803 or
ch. 197.
66.1021(10)(a)(a) Any city, village, town or federally recognized Indian tribe or band may by contract under
s. 66.0301 establish a joint municipal transit commission with the powers and duties of city, village or town transit commissions under this section. Membership on the joint transit commission shall be as provided in the contract established under
s. 66.0301.
66.1021(10)(b)
(b) Notwithstanding any other provision of this section, no joint municipal transit commission under
par. (a) may provide service outside the corporate limits of the parties to the contract under
s. 66.0301 which establish the joint municipal transit commission unless the joint municipal transit commission receives financial support for the service under a contract with a public or private organization for the service. This paragraph does not apply to service provided by a joint municipal transit commission outside the corporate limits of the parties to the contract under
s. 66.0301 which establish the joint municipal transit commission if the joint municipal transit commission is providing the service on April 28, 1994, without receiving financial support from a public or private organization for the service, and elects to continue the service.
66.1021(11)(a)(a) In lieu of providing transportation services, a city, village or town may contract with a private organization for the services.
