Agricultural zoning, revocation of
The Land Conservation Board has authority to prospectively revoke an exclusive agricultural zoning ordinance certification granted under sections 91.06 and 91.78, Stats. Notice and an opportunity to be heard must be afforded to the local zoning authority and to landowners who might be affected by a decertification decision. If a decision to decertify is made, only those lands which are rezoned are subject to the lien and property tax credit recapture provisions of section 91.77(2). 74-78
Artificial ditch
Section 59.971, Stats., authorizes counties to zone lands located within 300 feet of an artificial ditch that is navigable in fact. 63-57
Community living arrangements
See also Foster homes
A community living arrangement which has a capacity for eight or fewer persons and which meets all other statutory criteria is entitled to locate in any zoning district where single or multi-family residences are a permitted use. Any such community living arrangement which has a capacity of from nine to fifteen persons is entitled to locate in any zoning district where multi-family residences containing more than two families are a permitted use, and is entitled to apply for special zoning permission to locate in any zoning district where single or two family uses are permitted. Such a community living arrangement which has a capacity of more than fifteen persons is entitled to apply for special zoning permission to locate in any zoning district where single or multi-family uses are permitted. A community living arrangement which meets all applicable statutory criteria is not entitled to locate in an exclusive agricultur
Condominium
Unless a condominium under ch. 703, Stats., actually involves a division of land, or successive divisions of land, it is not subject to the land platting and subdivision approval requirements of ch. 236, Stats. The extent to which local governments may vary the terms of secs. 236. 16(1) and (2) and 236.20(4)(d), Stats., by ordinance, discussed. 64-175
County Board of Adjustment
The extent to which sec. 59.99, Stats., authorizes the County Board of Adjustment to grant zoning variances and review decisions of the County Planning and Zoning Committee, discussed. 69-146
County ordinances
An amendment to a county zoning ordinance which adds a new zoning district to that ordinance does not necessarily constitute a comprehensive revision requiring town board approval of the entire county zoning ordinance under the provisions of section 59.97(5)(d), Stats. 81-98
1. An extraterritorial zoning ordinance may utilize interior section lines. 2. Interim extraterritorial zoning ordinances need not be based on a land use survey. 3. Amendment of interim extraterritorial zoning ordinances discussed. 4. Appeals under an interim extraterritorial zoning ordinance are handled by the city or village. 5. Administration of extraterritorial zoning is by the city or village. 6. The joint extraterritorial zoning committee continues to exist after adoption of the comprehensive extraterritorial zoning ordinance. 67-238
The extent to which sec. 91.73(4), Stats., as created by ch. 29, Laws of 1977, and amended by ch. 169, Laws of 1977, alters the procedures applicable for the amendment of county comprehensive zoning ordinances under sec. 59.97(5)(e), Stats., is discussed. 67-290
County planning and zoning agency
Committee of the County Board acting as county planning and zoning agency pursuant to secs. 59.025(3)(c), 59.06 and 59.97(2)(a), Stats., rather than County Executive, has power to appoint director for planning and zoning. (Unpub.). 14-1983
County shoreland zoning
County shoreland zoning of unincorporated areas adopted pursuant to sec. 59.971, Stats., is not superseded by municipal extraterritorial zoning under sec. 62.23(7a), Stats. Sections 59.971, 62.23(7), 62.23(7a) and 144.26, discussed. Municipal extraterritorial zoning within shorelands is effective insofar as it is consistent with, or more restrictive than, the county shoreland zoning regulations. 63-69
County zoning
County zoning under sec. 59 97(9), Stats., is only effective during the period of county ownership and such zoning terminates on transfer of ownership. (Unpub.).... 71-1976
Under the provisions of sec. 59.97(5)(c), Stats., town board approval of a comprehensive county zoning ordinance must extend to such ordinance in its entirety and may not extend only to parts of such ordinance. 63-199
Countywide comprehensive zoning ordinance
A county which has enacted a countywide comprehensive zoning ordinance under sec. 59.97, Stats., may not enact any zoning provision authorizing withdrawal of town approval of such ordinance or otherwise specifically excluding or exempting any town from the operation of such ordinance. 67-197
A town with village powers that is subject to a county zoning ordinance is not prohibited by statute from any and all regulation of driveway installation. A town which is subject to a county zoning ordinance that contains no limitation on the issuance of county zoning permits may not set a quota on the number of residential building permits that the town will issue each year. 76-60
Driveway installation
A town with village powers that is subject to a county zoning ordinance is not prohibited by statute from any and all regulation of driveway installation. A town which is subject to a county zoning ordinance that contains no limitation on the issuance of county zoning permits may not set a quota on the number of residential building permits that the town will issue each year. 76-60
Flood control
County floodplain zoning ordinances may be adopted under the authority of sec. 59.971, Stats. Such ordinances will not require the approval of town boards in order to become effective within the unincorporated areas of the county. County floodplain zoning ordinances adopted by the Department of Natural Resources pursuant to sec. 87.30, Stats., do not need approval of the town boards in order to become effective within all unincorporated areas of the county. 62-264
Foster homes
A local zoning ordinance which limits occupation of single family dwellings to one or more persons related by blood, adoption or marriage or not more than two unrelated persons while valid on its face, is unenforceable against a licensed foster home. Said license, whether granted directly or indirectly by the State, is an exercise of the sovereign power of the State and is immune from local zoning regulations. 66-342
Foster homes contracted for (i.e., leased) by the Department of Health and Social Services, pursuant to sec. 48.52, Stats., are immune from local zoning to the extent that the zoning conflicts with the Department's possessory use of property for purposes contemplated by ch. 48, Stats. However, immunity for leased facilities is subject to sec. 13.48(13), Stats., as amended by ch. 90, sec. 2, Laws of 1973. Section 48.64, Stats., agreements between the Department and proprietors of foster homes do not serve to immunize the proprietor's property from local zoning. County agencies providing child welfare services do not have authority to lease real property for foster home use. The Department may assert its immunity from local zoning for property it acquires a possessory interest in by virtue of a sublease pursuant to sec. 48.52(2), Stats. Property leased by the Department pursuant to sec. 48.52(2), Stats., is not rendered ex
Foster homes owned, operated or contracted for by the Department of Health and Social Services or a county agency are immune from local zoning ordinances. Foster homes owned, operated or contracted for by licensed child welfare agencies are not immune. All family operated foster homes are subject to local zoning. Municipal foster home licensing ordinances are unenforceable. Zoning ordinances utilizing definitions of "family" to restrict the number of unrelated persons who may live in a single dwelling are of questionable constitutionality. 63-34
Group homes
See Community living arrangements; Foster homes
Indians
The Lac du Flambeau Indian Tribe has exclusive authority to zone Indian land, and has concurrent jurisdiction with the State to zone private property within the Tribe's reservation boundaries unless county zoning would infringe on tribal self-government. 71-191
Local ordinances
The Department of Natural Resources (DNR) is not subject to local zoning ordinances with respect to its construction of any building, structure or facility whose purpose is to assure the general public access to outdoor recreational areas, rather than to facilitate the internal operations of DNR as a state agency. 81-56
Mobile homes
In a town in which a countywide zoning ordinance is effective, a town ordinance which purports to regulate the location of individual mobile homes is a zoning ordinance which can only be enacted in compliance with the provisions of sec. 60.74(7) or (8), Stats. Once the exercise of town zoning authority under sec. 60.74(7), Stats., is approved by referendum, town zoning ordinances and amendments need only be approved by the County Board. Section 60.74(7), Stats., requires the appropriate town authorities to hold a public hearing on town zoning, but no further hearing by the county authorities is required. 65-288
The authority of a county to regulate house trailers or mobile homes under the county zoning authority set forth in sec. 59.97, Stats., and other zoning questions, discussed. 62-292
Multi-family residences
See also Foster homes
A community living arrangement which has a capacity for eight or fewer persons and which meets all other statutory criteria is entitled to locate in any zoning district where single or multi-family residences are a permitted use. Any such community living arrangement which has a capacity of from nine to fifteen persons is entitled to locate in any zoning district where multi-family residences containing more than two families are a permitted use, and is entitled to apply for special zoning permission to locate in any zoning district where single or two family uses are permitted. Such a community living arrangement which has a capacity of more than fifteen persons is entitled to apply for special zoning permission to locate in any zoning district where single or multi-family uses are permitted. A community living arrangement which meets all applicable statutory criteria is not entitled to locate in an exclusive agricultur
Municipalities
A town board, granted village powers under sec. 60.18(12), Stats., is not required to petition its County Board prior to adopting a town zoning ordinance. Sec. 60.74(1)(am) and (7), Stats. However, where the county has adopted a zoning ordinance under sec. 59.97, Stats., such town zoning ordinance will not become effective and cannot be enforced unless and until the county takes positive action approving such town ordinance. 62-139
Natural Resources, Department of
The Department of Natural Resources (DNR) is not subject to local zoning ordinances with respect to its construction of any building, structure or facility whose purpose is to assure the general public access to outdoor recreational areas, rather than to facilitate the internal operations of DNR as a state agency. 81-56
Real estate broker
Provisions in Executive Order 67 (1973), with respect to duty of real estate broker to advise prospective purchasers of floodplain zoning status of property, do not constitute new standard but suggest course of action Real Estate Examining Board might take. Action to be taken would depend on facts in each case. 63-236
Shorelands
Towns exercising village powers can zone shorelands concurrently with counties, provided that the town ordinance is in conformance with or more restrictive than the county ordinance. 65-108
State
Under sec. 13.48(13), Stats., the State is subject to local governmental zoning regulations when remodeling a newly acquired or leased facility. 67-251
Towns
A town with village powers that is subject to a county zoning ordinance is not prohibited by statute from any and all regulation of driveway installation. A town which is subject to a county zoning ordinance that contains no limitation on the issuance of county zoning permits may not set a quota on the number of residential building permits that the town will issue each year. 76-60
Under the provisions of sec. 59.97(5)(c), Stats., town board approval of a comprehensive county zoning ordinance must extend to such ordinance in its entirety and may not extend only to parts of such ordinance. 63-199
Transportation, Department of
The jurisdiction of the Secretary of Transportation with respect to control over the erection of high structures is limited by the provisions contained in sec. 114.135(7), Stats., to those structures that either extend to a height of more than 500 feet above the ground or surface of the water within one mile of the location of the object, or a height determined by the ratio of one foot vertical to 40 feet horizontal measured from the nearest boundary of the nearest public airport in the State. If a local zoning ordinance, rule or regulation permits the erection of structures, which exceed these heights, a conflict of jurisdiction would arise and the Secretary could invoke sec. 114.135(9), Stats., to resolve the conflict. 62-232
