SB 472

Under current law, a county must enact a shoreland zoning ordinance for all

shorelands in its unincorporated area and the ordinance must meet shoreland

zoning standards established by the Department of Natural Resources (DNR) by

rule. Current law defines a shoreland to be an area within a certain distance from

the edge of a navigable water. Current law also specifies that, if a shoreland area is

annexed by a city or village (annexing municipality) or is part of a town that

incorporates as a city or village (incorporated municipality), then, with certain

exceptions, the county shoreland zoning ordinance continues in effect and must be

enforced by the annexing or incorporated municipality. The exceptions in current

law allow the annexing or incorporated municipality to enforce its own zoning

ordinance with respect to shorelands if the ordinance complies with shoreland

zoning standards that are at least as restrictive as the county shoreland zoning

ordinance.

This bill prohibits a county from enacting, and prohibits a county, city, or village

from enforcing, any provision in a county shoreland zoning ordinance that regulates

the use, location, maintenance, expansion, replacement, or relocation of a

nonconforming structure if that provision is more restrictive than the shoreland

zoning standards for nonconforming structures promulgated by DNR. The

prohibition under the bill also applies to a shoreland zoning ordinance enacted by an

annexing or incorporated municipality. The bill defines a nonconforming structure

as a dwelling or building that does not conform with a county shoreland zoning

ordinance, other than an ordinance regulating a nonconforming use, but that

lawfully existed before the county shoreland zoning ordinance was enacted.

The bill also provides that DNR may not establish a shoreland zoning standard,

and a county may not enact or enforce a shoreland zoning ordinance, that prohibits

the construction of a structure or building on certain lots, parcels, or tracts (lots).

Under the bill, a shoreland zoning standard or ordinance may not prohibit the

construction of a structure or a building on a lot that does not meet minimum area

and width requirements if the lot met those requirements when the lot was originally

created or if there was no shoreland zoning standard or ordinance in effect that

established minimum area and width requirements when the lot was originally

created.

Generally under current law, zoning restrictions that would otherwise apply to

a damaged or destroyed nonconforming structure may not prohibit, subject to a

number of conditions, the restoration of the structure if it will be restored to the size,

location, and use it had before the damage or destruction occurred, unless the size

must be larger to comply with state or federal requirements. In addition, and subject

to the same conditions, the restrictions in the zoning ordinance may not impose

limits on the costs of the repair, reconstruction, or improvement of the structure. The

conditions that apply to the restrictions in the zoning ordinance are as follows: