62.231 Annotation
The legal standard of unnecessary hardship requires that the property owner demonstrate that without a variance there is no reasonable use for the property. When the property owner has a reasonable use for the property, the statute takes precedence and the variance should be denied. State v. Kenosha County Board of Adjustment,
218 Wis. 2d 396,
577 N.W.2d 813 (1998),
96-1235. See also State v. Outagamie,
2001 WI 78,
244 Wis. 2d 613,
628 N.W.2d 376,
98-1046.
62.231 Annotation
The burden is on the applicant for a variance to demonstrate through evidence that without the variance he or she is prevented from enjoying any reasonable use of the property. State ex rel. Spinner v. Kenosha County Board of Adjustment,
223 Wis. 2d 99,
588 N.W.2d 662 (Ct. App. 1998),
97-2094.
62.231 Annotation
Wisconsin's Shoreland Management Program: An Assessment With Implications for Effective Natural Resources Management and Protection. Kuczenski. 1999 WLR 273.
62.232
62.232
Required notice on certain approvals. 62.232(2)(a)(a) Except as provided in par.
(b), a city that issues a building permit or other approval for construction activity, shall give the applicant a written notice as specified in subs.
(3) and
(4) at the time the building permit is issued.
62.232(2)(b)1.1. A city is not required to give the notice under par.
(a) at the time that it issues a building permit if the city issues the building permit on a standard building permit form prescribed by the department of safety and professional services.
62.232(2)(b)2.
2. A city is not required to give the notice under par.
(a) at the time that it issues a building permit or other approval if the building permit or other approval is for construction activity that does not involve any land disturbing activity including removing protective ground cover or vegetation, or excavating, filling, covering, or grading land.
62.232(3)
(3) Each notice shall contain the following language: “YOU ARE RESPONSIBLE FOR COMPLYING WITH STATE AND FEDERAL LAWS CONCERNING CONSTRUCTION NEAR OR ON WETLANDS, LAKES, AND STREAMS. WETLANDS THAT ARE NOT ASSOCIATED WITH OPEN WATER CAN BE DIFFICULT TO IDENTIFY. FAILURE TO COMPLY MAY RESULT IN REMOVAL OR MODIFICATION OF CONSTRUCTION THAT VIOLATES THE LAW OR OTHER PENALTIES OR COSTS. FOR MORE INFORMATION, VISIT THE DEPARTMENT OF NATURAL RESOURCES WETLANDS IDENTIFICATION WEB PAGE OR CONTACT A DEPARTMENT OF NATURAL RESOURCES SERVICE CENTER."
62.232(4)
(4) The notice required in sub.
(2) (a) shall contain the electronic website address that gives the recipient of the notice direct contact with that website.
62.232(5)
(5) A city in issuing a notice under this section shall require that the applicant for the building permit sign a statement acknowledging that the person has received the notice.
62.233
62.233
Zoning of annexed or incorporated shorelands. 62.233(1)(a)
(a) “Principal building" means the main building or structure on a single lot or parcel of land and includes any attached garage or attached porch.
62.233(2)
(2) Every city shall, on or before July 1, 2014, enact an ordinance that applies to all of the following shorelands:
62.233(2)(a)
(a) A shoreland that was annexed by the city after May 7, 1982, and that prior to annexation was subject to a county shoreland zoning ordinance under s.
59.692.
62.233(2)(b)
(b) For a city that incorporated after April 30, 1994, under s.
66.0203,
66.0211,
66.0213, or
66.0215, a shoreland that before incorporation as a city was part of a town that was subject to a county shoreland zoning ordinance under s.
59.692.
62.233(3)
(3) A city ordinance enacted under this section shall accord and be consistent with the requirements and limitations under s.
59.692 (1d),
(1f), and
(1k) and shall include at least all of the following provisions:
62.233(3)(a)
(a) A provision establishing a shoreland setback area of at least 50 feet from the ordinary high-water mark, except as provided in par.
(b).
62.233(3)(b)
(b) A provision authorizing construction or placement of a principal building within the shoreland setback area established under par.
(a) if all of the following apply:
62.233(3)(b)1.
1. The principal building is constructed or placed on a lot or parcel of land that is immediately adjacent on each side to a lot or parcel of land containing a principal building.
62.233(3)(b)2.
2. The principal building is constructed or placed within a distance equal to the average setback of the principal building on the adjacent lots or 35 feet from the ordinary high-water mark, whichever distance is greater.
62.233(5)
(5) Provisions of a county shoreland zoning ordinance under s.
59.692 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).
62.233(6)
(6) Provisions of a county shoreland zoning ordinance under s.
59.692 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).
62.233(7)
(7) An ordinance enacted under sub.
(2) does not apply to lands adjacent to an artificially constructed drainage ditch, pond, or stormwater retention basin if the drainage ditch, pond, or retention basin is not hydrologically connected to a natural navigable water body.
62.233 History
History: 2013 a. 80,
151;
2015 a. 55.
62.234
62.234
Construction site erosion control and storm water management zoning. 62.234(1)(1)
Definition. As used in this section, “department" means the department of natural resources.
62.234(2)
(2)
Authority to enact ordinance. To effect the purposes of s.
281.33 and to promote the public health, safety and general welfare, a city may enact a zoning ordinance, that is applicable to all of its incorporated area, for construction site erosion control at sites described in s.
281.33 (3) (a) 1. a. and
b. and for storm water management. This ordinance may be enacted separately from ordinances enacted under s.
62.23. An ordinance enacted under this subsection is subject to the strict conformity requirements under s.
281.33 (3m).
62.234(4)
(4)
Applicability of city zoning provisions. 62.234(4)(a)
(a) Except as otherwise specified in this section, s.
62.23 applies to any ordinance or amendment to an ordinance enacted under this section.
62.234(4)(b)
(b) Variances and appeals regarding construction site erosion control or storm water management regulations under this section are to be determined by the board of appeals for that city. Procedures under s.
62.23 (7) (e) apply to these determinations.
62.234(4)(c)
(c) An ordinance enacted under this section supersedes all provisions of an ordinance enacted under s.
62.23 that relate to construction site erosion control at sites described in s.
281.33 (3) (a) 1. a. and
b. or to storm water management regulation.
62.234(5)
(5)
Applicability of comprehensive zoning plan or general zoning ordinance. Ordinances enacted under this section shall accord and be consistent with any comprehensive zoning plan or general zoning ordinance applicable to the enacting cities, so far as practicable.
62.234(6)
(6)
Applicability of local subdivision regulation. All powers granted to a city under s.
236.45 may be exercised by it with respect to construction site erosion control at sites described in s.
281.33 (3) (a) 1. a. and
b. or with respect to storm water management regulation, if the city has or provides a planning commission or agency.
62.234(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).
62.234(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.
62.234(8)(b)
(b) If a city is served by a regional planning commission under s.
66.0309 and if the commission consents, the city may empower the commission by ordinance to administer the ordinance enacted under this section throughout the city, whether or not the area otherwise served by the commission includes all of that city.
62.234(8)(c)
(c) If a city is served by the Dane County Lakes and Watershed Commission, and if the commission consents, the city may empower the commission by ordinance to administer the ordinance enacted under this section throughout the city, whether or not the area otherwise served by the commission includes all of that city. Section
66.0301 does not apply to this paragraph.
62.234 Annotation
This section contains no prohibition against imposing municipal fees for services in connection with erosion control projects. It does not mandate that fees be listed “within the four corners" of the ordinance. The statute does not mention fees. Sub. (4) (c) states that an ordinance adopted under s. 62.23 that relates 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 is superseded by an ordinance adopted under this section. A fee schedule adopted via resolution was not an ordinance enacted under s. 62.23 and was not superseded by the city's erosion control ordinance. Edgerton Contractors, Inc. v. City of Wauwatosa,
2010 WI App 45,
324 Wis. 2d 256,
781 N.W.2d 228,
09-1042.
62.237
62.237
Municipal mortgage housing assistance. 62.237(1)(a)
(a) “Debt service" means the amount due of principal, interest and premium for mortgage revenue bonds or revenue bonds issued under this section.
62.237(1)(b)
(b) “Dwelling" means any structure used or intended to be used for habitation with up to 2 separate units certified for occupancy by the city. “Dwelling" also means any housing cooperative incorporated under ch.
185 or
193.
62.237(1)(c)
(c) “Lending institution" means any private business issuing home mortgages.
62.237(1)(d)
(d) “Municipality" means any city with a population greater than 75,000.
62.237(1)(e)
(e) “Owner-occupied dwelling" means a dwelling in which the owner occupies or will occupy any unit.
62.237(2)(a)(a) The legislative body of any municipality may adopt a resolution, authorizing the municipality to:
62.237(2)(a)1.
1. Issue mortgage loans with an interest rate less than the lowest rate available at lending institutions within the municipality, for the purchase or construction of any owner-occupied dwelling located within an area described in sub.
(3). Financing for rehabilitation or home improvements may be made available as part of these loans.
62.237(2)(a)2.
2. Issue loans to any lending institution within the municipality that agrees to loan the money at designated terms for the purchase, purchase and rehabilitation or construction of any owner-occupied dwelling located within an area described in sub.
(3).
62.237(2)(a)3.
3. Foreclose any mortgage and sell the mortgaged property for collection purposes if the mortgagor defaults on the payment of principal and interest of a loan issued under this section.
62.237(2)(b)
(b) The resolution shall designate each area in which dwellings are eligible for loans.
62.237(2)(c)
(c) No loan may be issued to purchase, purchase and rehabilitate or construct a dwelling that violates applicable provisions of the one- and 2-family dwelling code under ss.
101.60 to
101.66, or that violates any ordinance the municipality adopts regulating the dwelling. If the dwelling is found to be violating the dwelling code or any ordinance after issuance of the loan, the loan shall default. The municipality may require the full loan to become due or may increase the interest rate to the maximum allowable. The municipality may defer imposing a penalty for up to one year after the violation is found to exist.
62.237(3)
(3)
Eligible areas. Owner-occupied dwellings in any area of the municipality are eligible for loans under this section if any 2 of the following conditions exist:
62.237(3)(a)
(a) The median assessed property value of one- and 2-family dwellings in the area is less than or equal to 80 percent of the median assessed property value of one- and 2-family dwellings in the municipality.
62.237(3)(b)
(b) The median family income of the area is less than or equal to 80 percent of the median family income of the municipality.
62.237(3)(c)
(c) The proportion of owner-occupied dwellings in the area is less than or equal to 80 percent of the proportion of owner-occupied dwellings in the municipality.
62.237(3)(d)
(d) The vacancy rate of dwellings in the area is greater than or equal to 120 percent of the vacancy rate of dwellings in the municipality.
62.237(4)(a)(a) The governing body of any municipality may issue revenue bonds by resolution, to finance low-interest mortgage loans under this section. The resolution shall state the maximum dollar amount of authorized bonds and the purpose for which the municipality may issue the bonds. The resolution shall state the terms, form and content of the bonds. These bonds may be registered under s.
67.09.
62.237(4)(b)
(b) Debt service is payable solely from revenues received from the loans issued under this section. No mortgage revenue bond or revenue bond issued under this section is a debt of the municipality or a charge against the city's general credit or taxing powers. The municipality shall plainly state the provisions of this paragraph on the face of each mortgage revenue bond or revenue bond.
62.237(4)(c)
(c) The municipality shall use revenues from payment of the principal and interest of loans issued under this section to pay debt service. The municipality shall use any excess revenues to pay other costs accruing from the issuance of the loans. The municipality shall deposit any remaining revenues in a revolving fund of the municipal treasury, to use for additional loans under this section.
62.237(4)(d)
(d) The resolution may authorize appointment of a receiver to collect interest and principal on loans issued under this section for paying debt service, if the municipality defaults on paying debt service.
62.237 History
History: 1979 c. 221;
1983 a. 24,
27,
207;
1999 a. 150 s.
378; Stats. 1999 s. 62.237;
2005 a. 441.
62.25
62.25
Claims and actions. 62.25(1)(1)
Claims. No action may be brought or maintained against a city upon a claim or cause of action unless the claimant complies with s.
893.80. This subsection does not apply to actions commenced under s.
19.37,
19.97 or
281.99.
62.25(2)(a)(a) Damages, if any, in an action against a city officer in the officer's official capacity, except the action directly involve the title to the officer's office, shall not be awarded against such officer, but may be awarded against the city.
62.25(2)(b)
(b) In an action to restrain payment by a city for work performed or material furnished, the plaintiff shall give a bond conditioned for payment to the claimant, if the action is finally determined in the claimant's favor, of damages caused by the delay, including expense incurred in the action, and interest. The bond shall be with 2 sureties to be approved by the court, and in an amount fixed by the court and sufficient to cover all probable damages.
62.25(2)(d)
(d) No person shall be ineligible to sit as judge, justice or juror in an action to which the city is a party, by reason of being an inhabitant of the city.
62.25 Cross-reference
Cross-reference: See s.
62.12 (8) as to filing claims and demands against the city.
62.25 Cross-reference
Cross-reference: See s.
66.0609 for an alternative system of approving claims.
62.25 Annotation
An action against a municipality based on a filed “claim" that did not state a dollar amount must be dismissed. The fact that the city council denied the claim did not bar the defense. By purchasing liability insurance, the city did not waive the protection of the statute. Sambs v. Nowak,
47 Wis. 2d 158,
177 N.W.2d 144 (1970).
62.25 Annotation
Sub. (1) is applicable to a counterclaim for money damages in a lawsuit commenced by a city. City of Milwaukee v. Milwaukee Civic Developments, Inc.,
71 Wis. 2d 647,
239 N.W.2d 44 (1976).
62.25 Annotation
Nothing in either this chapter or ch. 120 precludes a school board from qualifying as a proper “claimant" under this section. Joint School Dist. No. 1 v. City of Chilton,
78 Wis. 2d 52,
253 N.W.2d 879 (1977).
62.25 Annotation
This section does not apply to a claim for equitable relief. Kaiser v. City of Mauston,
99 Wis. 2d 345,
299 N.W.2d 259 (Ct. App. 1980).
62.26
62.26
General provisions. 62.26(1)(1)
Laws in force. The general laws for the government of cities, villages and towns, the assessment and collection of taxes, the preservation of public and private property, highways, roads and bridges, the punishment of offenders, the collection of penalties and the manner of conducting elections shall be in force in all cities organized under this subchapter except as otherwise provided under this subchapter.
62.26(2)
(2)
Equity in land. The acquisition or retention by a city of an equity of redemption in lands shall not create any liability on the part of the city to pay any bonds issued or mortgage or trust deed upon such lands executed prior to the acquisition by the city of such equity.
62.26(3)
(3)
Forms. The use of any forms prescribed by the statutes of this state, as far as the same are applicable, shall be as legal and of the same force and effect as the use of the forms prescribed by this subchapter.
