LRB-1130/1
MES:cmh:rs
2005 - 2006 LEGISLATURE
January 20, 2005 - Introduced by Representatives Albers, Owens, Ainsworth and
Musser, cosponsored by Senators Olsen and Lassa. Referred to Committee on
Property Rights and Land Management.
AB24,1,3
1An Act to repeal 62.23 (7) (e) 9.;
to amend 59.694 (2) (bm) and 62.23 (7) (e) 2.;
2and
to create 59.694 (2) (am), 59.694 (3m) and 62.23 (7) (e) 3m. of the statutes;
3relating to: quorum requirements for a zoning board of appeals or adjustment.
Analysis by the Legislative Reference Bureau
Under current law, a city, village, town that is authorized to exercise village
powers (municipality), or county is authorized to enact zoning ordinances that
regulate and restrict the height, number of stories, and size of buildings and other
structures; the percentage of lot that may be occupied; the size of yards and other
open spaces; the density of population; and the location and use of buildings,
structures, and land for various purposes.
A municipality's board of appeals or a county's board of adjustment is
authorized under current law to hear and decide appeals that allege that there is an
error in the enforcement of a zoning ordinance, to hear and decide special exceptions
to the terms of a zoning ordinance, and to authorize a variance from the terms of a
zoning ordinance. Currently, the county board chair of a county with a population
of 500,000 or more and the chief executive officer of a municipality (a city mayor,
village board president, or town board chair) may appoint two alternate members of
the board of adjustment or appeals, who act when a member of the board of
adjustment or appeals refuses to vote because of a conflict of interest or when a
member is absent.
This bill requires all municipalities or counties that have a board of appeals or
adjustment to appoint alternate members of the board. The bill also specifies that
if a quorum is present the board of appeals or adjustment may take action by a
majority vote, and repeals a current law provision that requires four out of five votes
for action by a city, village, or certain town board of appeals.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB24, s. 1
1Section
1. 59.694 (2) (am) of the statutes is created to read:
AB24,2,112
59.694
(2) (am) The chairperson of the county board to which par. (a) applies
3shall appoint, for staggered 3-year terms, 2 alternate members of the board of
4adjustment, who are subject to the approval of the county board. Annually, the
5chairperson of the county board shall designate one of the alternate members as the
6first alternate and the other as 2nd alternate. The first alternate shall act, with full
7power, only when a member of the board of adjustment refuses to vote because of a
8conflict of interest or when a member is absent. The 2nd alternate shall act only
9when the first alternate refuses to vote because of a conflict of interest or is absent,
10or if more than one member of the board of adjustment refuses to vote because of a
11conflict of interest or is absent.
AB24, s. 2
12Section
2. 59.694 (2) (bm) of the statutes is amended to read:
AB24,3,313
59.694
(2) (bm) The chairperson of the county board
may to which par. (b)
14applies shall appoint, for staggered 3-year terms, 2 alternate members of the board
15of adjustment, who are subject to the approval of the county board. Annually, the
16chairperson of the county board shall designate one of the alternate members as the
17first alternate and the other as 2nd alternate. The first alternate shall act, with full
18power, only when a member of the board of adjustment refuses to vote because of a
19conflict of interest or when a member is absent. The 2nd alternate shall act only
1when the first alternate refuses to vote because of a conflict of interest or is absent,
2or if more than one member of the board of adjustment refuses to vote because of a
3conflict of interest or is absent.
AB24, s. 3
4Section
3. 59.694 (3m) of the statutes is created to read:
AB24,3,75
59.694
(3m) Quorum requirements. If a quorum is present, the board of
6adjustment may take action under this section by a majority vote of the members
7present.
AB24, s. 4
8Section
4. 62.23 (7) (e) 2. of the statutes is amended to read:
AB24,3,249
62.23
(7) (e) 2. The board of appeals shall consist of 5 members appointed by
10the mayor subject to confirmation of the common council for terms of 3 years, except
11that of those first appointed one shall serve for one year, 2 for 2 years and 2 for 3 years.
12The members of the board shall serve at such compensation to be fixed by ordinance,
13and shall be removable by the mayor for cause upon written charges and after public
14hearing. The mayor shall designate one of the members as chairperson. The board
15may employ a secretary and other employees. Vacancies shall be filled for the
16unexpired terms of members whose terms become vacant. The mayor
may shall 17appoint, for staggered terms of 3 years, 2 alternate members of such board, in
18addition to the 5 members above provided for. Annually, the mayor shall designate
19one of the alternate members as 1st alternate and the other as 2nd alternate. The
201st alternate shall act, with full power, only when a member of the board refuses to
21vote because of interest or when a member is absent. The 2nd alternate shall so act
22only when the 1st alternate so refuses or is absent or when more than one member
23of the board so refuses or is absent. The above provisions, with regard to removal and
24the filling of vacancies, shall apply to such alternates.
AB24, s. 5
25Section
5. 62.23 (7) (e) 3m. of the statutes is created to read:
AB24,4,2
162.23
(7) (e) 3m. If a quorum is present, the board of appeals may take action
2under this subsection by a majority vote of the members present.
AB24, s. 6
3Section
6. 62.23 (7) (e) 9. of the statutes is repealed.
AB24,4,65
(1) This act first applies to meetings or hearings held by a board of adjustment
6or board of appeals on the effective date of this subsection.
