Town withdrawals from county zoning and the effect of a jurisdiction change on zoning provisions

Under current law, if a town board has been granted the authority to exercise village powers, the town board may enact zoning ordinances using the zoning statutes that are used by cities and villages, subject to a number of conditions. If the county in which the town is located has enacted a county zoning ordinance, town zoning ordinances may not take effect until such ordinances are approved either by a town meeting or by a referendum vote of the electors of the town and are approved by the county board. Also under current law, a county zoning ordinance may not take effect in a town unless it has been approved by the town board. With an exception, once a town board has approved a county zoning ordinance, the town may not withdraw its approval.

Also, several provisions in current law provide for continuity in zoning regulation when the governmental unit that has the authority to regulate zoning changes. For example, under one such provision, when an area that had been subject to zoning regulation by a county becomes subject to city zoning, the statutes provide that regulations imposed under the county continue in effect until changed by the city. The bill revises these provisions to be clearer and more consistent. In general, these provisions now specify that the prior zoning ordinance and any regulations, approvals, and conditions imposed under the prior zoning ordinance remain in effect until specifically changed by the new zoning authority.