SB 387

introduction

This bill makes various changes to local government zoning authority,

navigable water permits, inverse condemnation proceedings, and the right to display

the flag of the United States.

substandard lots

Under this bill, a city, village, town, or county may generally not prohibit a

property owner from doing any of the following:

1. Conveying an ownership interest in a substandard lot.

2. Using a substandard lot as a building site if two conditions are met: the

substandard lot has not been developed with one or more of its structures placed

partly on an adjacent lot; and the substandard lot is developed to comply with all

other ordinances of the political subdivision.

Under the bill, a substandard lot is defined as a lot that met any applicable lot

size requirements when it was created, but does not meet current lot size

requirements.

merging lots

This bill prohibits a state agency, city, village, town, or county from requiring

that one or more lots be merged with another lot without the consent of the owners

of the lots that are to be merged.

conditional use permits

This bill requires a city, village, town, or county to issue a conditional use permit

to an applicant who meets, or agrees to meet, all of the requirements and conditions

specified by the political subdivision. Under the bill, both the application, and the

political subdivision's decision on the permit application, must be based on

substantial evidence, although public testimony alone is not substantial evidence

and cannot be the sole basis for a political subdivision to deny a conditional use

permit. Once granted, a conditional use permit may remain in effect as long as the

conditions under which it was granted are followed, except that a political

subdivision may include conditions relating to the permit's duration, and the ability

of the applicant to transfer or renew a permit.

variances

Under current law, a city, a village, or a town that is authorized to exercise

village powers (collectively, “municipality”) or a 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 authorize a variance from the terms of a zoning

ordinance. A “use" variance grants permission for a use that is not permitted by the