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Bills from the 2011–12 session

Assembly Bill 403

The length of time for which a variance applies

Topics: County: Ordinance, Land use planning and control, Municipality: Ordinance

Stopped before the full Assembly voted

The recommended passing it, but the full Assembly never voted on it. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Dec 1, 2011

  2. Committee, passed

    Approved

  3. Assembly vote, stopped here

    Stopped here. The full Assembly never voted on it.

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Mar 23, 2012: “Failed to pass pursuant to ⁠”

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, a city, village, or 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 (board) is authorized under current law to hear and decide appeals that allege 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. A "use" variance grants permission for a use that is not permitted by the zoning ordinance, and an "area" variance relaxes restrictions on dimensions, such as setback, frontage, height, bulk, density, and area. To grant a variance, a board must find four things:

Read the full summary

1. The variance will not be contrary to the public interest.

2. Substantial justice will be done by granting the variance.

3. The variance is needed so that the spirit of the ordinance is observed.

4. Due to special conditions, a literal enforcement of the provisions of the zoning ordinance will result in unnecessary hardship.

This bill authorizes a municipality or county to enact an ordinance specifying an expiration date for a variance. If no such ordinance exits, however, the bill specifies that a variance that is granted does not expire unless the board specifies in the variance, at the time it is granted, a date after which the variance does not apply.

The bill also codifies a court decision ( Goldberg v. Milwaukee Zoning Appeals Board , 115 Wis. 2d 517 (Ct. App. 1983)) stating that a variance runs with the land.

The bill first applies, retroactively, to a variance that was granted before the effective date of the bill.

Who's behind it

5 lawmakers are its ⁠. All 5 are Republicans.

3 more lawmakers ⁠.

See all 8 names

Authors (5)

Signed on in support (3)

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There was one vote on this bill.

Assembly Committee on Urban and Local Affairs vote on an amendment

Passed, 9 to 0 · Mar 6, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report Assembly Amendment 1 adoption recommended by committee on Urban and Local Affairs, Ayes 9, Noes 0”. Official record · This vote on its own page

What happened

  1. Mar 23, 2012

    The session ended, and the bill died with it.

  2. Mar 6, 2012

    Sent to the Assembly Committee on Rules.

  3. Mar 6, 2012

    The committee voted to recommend passing it, 9 to 0.

  4. Feb 28, 2012

    The committee held a public hearing.

  5. Dec 1, 2011

    Sent to the Assembly Committee on Urban and Local Affairs.

  6. Dec 1, 2011

    Introduced in the Assembly.

See the official record, word for word
  1. Dec 1, 2011 · Assembly

    Introduced by Representatives Steineke, Stroebel, Bies, Rivard and Jacque;Cosponsored by Senators Lasee, Darling and Grothman

  2. Dec 1, 2011 · Assembly

    Read first time and referred to committee on Urban and Local Affairs

  3. Feb 27, 2012 · Assembly

    LRB correction

  4. Feb 27, 2012 · Assembly

    Assembly amendment 1 offered by Representative Steineke

  5. Feb 28, 2012 · Assembly

    Public hearing held

  6. Mar 6, 2012 · Assembly

    Executive action taken

  7. Mar 6, 2012 · Assembly

    Report Assembly Amendment 1 adoption recommended by committee on Urban and Local Affairs, Ayes 9, Noes 0

  8. Mar 6, 2012 · Assembly

    Report passage as amended recommended by committee on Urban and Local Affairs, Ayes 9, Noes 0

  9. Mar 6, 2012 · Assembly

    Referred to committee on Rules

  10. Mar 23, 2012 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote