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!Z o tzi\ -i ci 1:._) �I o _ L_A 59. �9 Z ( I S
<br /> Electronic reproduction of 2005-06 Wis.Stats.database,updated and current through August 31,2007 and 2007 Wis.Act 19.
<br /> Updated 05-06 Wis.Stats.Database 58
<br /> 59.69 COUNTIES Not certified under s.35.18(2),stats.
<br /> it is presented with compelling equitable reasons to deny it.Village of Hobart v. limits on the casts of the repair,reconstruction or improvement if
<br /> Brown County,2005 WI 78,281 Wis.2d 628,698 N.W.2d 83,03-1907. all of the following apply:
<br /> An existing conditional use permit(CUP)is not a vested property right and the
<br /> revocation of the permit is not an unconstitutional taking. A CUP merely represents 1. The nonconforming structure was damaged or destroyed
<br /> a species of zoning designations. Because landowners have no property interest in after October 14, 1997.
<br /> zoning designations applicable to their properties,a CUP is not property and no tak-
<br /> ing occurs by virtue of a revocation. Rainbow Springs Golf Company,Inc.v.Town 2. The damage or destruction was caused by violent wind,
<br /> of Mukwonago,2005 WI App 163,284 Wis.2d 519,702 N.W.2d 40,04-1771. vandalism,fire,flood,ice,snow,mold,or infestation.
<br /> The fact that a county is within a regional planning commission does not affect
<br /> county zoning power. 61 Atty.Gen.220. (b) An ordinance enacted under this section to which par.(a)
<br /> The authority of a county to regulate mobile homes under this section and other applies shall allow for the size of a structure to be larger than the
<br /> zoning questions are discussed. 62 Any.Gen.292. size it was immediately before the damage or destruction if neces-
<br /> Zoning ordinances utilizing definitions of"family"to restrict the number of unre- sary for the structure to comply with applicable state or federal
<br /> lated persons who may live in a single family dwelling are of questionable constitu-
<br /> tionality. 63 Atty.Gen.34. requirements. _ w,�
<br /> Under s.59.97[now s.59.69 (5)(c),town board approval of a comprehensive �__
<br /> [ l(>() PP P tit) A county or the department may not commence an
<br /> county zoning ordinance must extend to the ordinance in its entirety and may not person a enforcement action against who owns a building or struc-
<br /> extend only to parts of the ordinance. 63 Atty.Gen.199. g P g
<br /> A county that has enacted a countywide comprehensive zoning ordinance under ture that is in violation of a shoreland zoning standard or an ordi-
<br /> this section may not authorize the withdrawal of town approval of the ordinance or nance enacted under this section if the building or structure has
<br /> exclude any town from the ordinance. 67 Any.Gen.197. been in place for more than 10 years.
<br /> The effect of s.91.73(4)on procedures to amend county comprehensive zoning
<br /> ordinances under s.59.97[now s.59.69](5)(e)is discussed. 67 Atty.Gen.290. (1 v) A county shall grant special zoning permission for the
<br /> The office of county planning and zoning commission member is incompatible construction or placement of a structure on property in a shoreland
<br /> with the position of executive director of the county housing authority. 81 Atty.Gen. setback area if all of the following apply:
<br /> 90.
<br /> An amendment to a county zoning ordinance adding a new zoning district does not (a) The part of the structure that is nearest to the water is
<br /> necessarily constitute a comprehensive revision requiring town board approval of the located at least 35 feet landward from the ordinary high-water
<br /> entire ordinance under s.59.97[now s.59.69](5)(d).81 Atty.Gen.98. mark.
<br /> A county's power under sub.(4)is broad enough to encompass regulation of the
<br /> storage of junked,unused,unlicensed,or abandoned motor vehicles on private prop- (b) The total floor area of all of the structures in the shoreland
<br /> erty. Because sub.(10)protects"trade or industry,"a county zoning ordinance could setback area of the property will not exceed 200 square feet. In
<br /> prohibit an existing non-commercial,nonconforming use or a use that is"casual and p P q
<br /> occasional." OAG 2-00. calculating this square footage,boathouses shall be excluded.
<br /> Architectural Appearances Ordinances and the 1st Amendment. Rice. 76 MLR (c) The structure that is the subject of the request for special
<br /> 439(1992). zoning permission has no sides or has open or screened sides.
<br /> 59.692 Zoning of shorelands on navigable waters. (d) The county must approve a plan that will be implemented
<br /> (1) In this section: by the owner of the property to preserve or establish a vegetative
<br /> (a) "Department"means the department of natural resources. buffer zone that covers at least 70%of the half of the shoreland
<br /> setback area that is nearest to the water.
<br /> (b) "shorelands" means the area within the following dis- (2) (a) Except as otherwise specified, all provisions of s.
<br /> tances from the ordinary high-water mark of navigable waters,as 59.69 apply to ordinances and their amendments enacted under
<br /> defined under s.281.31 (2)(d): pp y
<br /> this section whether or not enacted separately from ordinances
<br /> 1. One thousand feet from a lake,pond or flowage. If the navi- enacted under s.59.69,but the ordinances and amendments shall
<br /> gable water is a glacial pothole lake,this distance shall be mea- not require approval or be subject to disapproval by any town or
<br /> sured from the high-water mark of the lake. town board.
<br /> 2. Three hundred feet from a river or stream or to the landward (b) If an existing town ordinance relating to shorelands is more
<br /> side of the floodplain,whichever distance is greater. restrictive than an ordinance later enacted under this section
<br /> (bn) "Shoreland setback area"means an area in a shoreland affecting the same shorelands,it continues as a town ordinance in
<br /> that is within a certain distance of the ordinary high-water mark all respects to the extent of the greater restrictions,but not other-
<br /> in which the construction or placement of buildings or structures wise.
<br /> has been limited or prohibited under an ordinance enacted under . (c) Ordinances that are enacted under this section shall accord
<br /> this section. and be consistent with any comprehensive zoning plan or general
<br /> (c) "Shoreland zoning standard"means a standard for ordi- zoning ordinance applicable to the enacting counties, so far as
<br /> nances enacted under this section that is promulgated as a rule by practicable.
<br /> the department. (3) All powers granted to a county under s. 236.45 may be
<br /> (d) "Special zoning permission"has the meaning given in s. exercised by it with respect to shorelands, but the county must
<br /> 59.69(15)(g). have or provide a planning agency as defined in s.236.02(3).
<br /> (1m) To effect the purposes of s.281.31 and to promote the (4) (a) Section 66.0301 applies to this section,except that for
<br /> public health,safety and general welfare,each county shall zone the purposes of this section an agreement under s.66.0301 shall
<br /> by ordinance all shorelands in its unincorporated area. This ordi- be effected by ordinance. If the municipalities as defined in s.
<br /> nance may be enacted separately from ordinances enacted under 281.31 are served by a regional planning commission under s.
<br /> s.59.69. 66.0309,the commission may,with its consent,be empowered by
<br /> (1 r) An ordinance enacted under this section may not prohibit the ordinance of agreement to administer each ordinance enacted
<br /> the maintenance of stairs, platforms or decks that were con- hereunder throughout its enacting municipality,whether or not the
<br /> strutted before August 15,1991,and that are located in any of the area otherwise served by the commission includes all of that
<br /> following shorelands: municipality.
<br /> (a) The shoreland of Lake Wissota in Chippewa County. (b) Variances and appeals regarding shorelands within a
<br /> (b) The shorelands of Lake Holcombe in Chippewa and Rusk county are for the board of adjustment for that county under s.
<br /> cou ies. 59.694,and the procedures of that section apply.
<br /> (1s) (a) Restrictions that are applicable to damaged or (5) An ordinance enacted under this section supersedes all
<br /> destroyed nonconforming structures and that are contained in an provisions of an ordinance enacted under s. 59.69 that relate to
<br /> ordinance enacted under this section may not prohibit the restora- shorelands.
<br /> tion of a nonconforming structure if the structure will be restored (6) If a county does not enact an ordinance by Janu-
<br /> to the size,subject to par.(b),location and use that it had immedi- ary 1, 1968,or if the department,after notice and hearing,deter-
<br /> ately before the damage or destruction occurred or impose any mines that a county has enacted an ordinance that fails to meet the
<br /> Text from the 2005-06 Wis.Stats.database updated by the Revisor of Statutes. Only printed statutes are certified under s.35.18
<br /> (2),stats. Statutory changes effective prior to 9-2-07 are printed as if currently in effect. Statutory changes effective on or after
<br /> 9-2-07 are designated by NOTES. Report errors at(608)266-2011,FAX 264-6978,http://www.legis.state.wi.us/rsb/
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