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2021 - 2022 LEGISLATURE
January 13, 2022 - Introduced by Senator Stafsholt, cosponsored by
Representative Brooks. Referred to Committee on Housing, Commerce and
Trade.
SB840,1,6 1An Act to renumber 60.61 (2) (b); to renumber and amend 62.23 (7) (b); and
2to create 60.61 (2) (b) 2., 60.61 (2) (b) 3., 62.23 (7) (b) 3., 66.10015 (1) (es),
366.10015 (7) and 236.11 (2) (am) of the statutes; relating to: local approvals of
4workforce housing projects; zoning for certain residential uses; and a
5requirement that street addresses be assigned at the time of subdivision plat
6approval.
Analysis by the Legislative Reference Bureau
This bill requires municipalities to take certain actions with regard to certain
housing development and provides for judicial review of certain denials of
applications for approvals related to workforce housing projects.
Under the bill, any municipality that has a zoning ordinance and that furnishes
water and sewer service must 1) provide at least one district in which multifamily
housing providing not fewer than 16 residential units per acre is a permitted use and
2) with certain limitations, permit residential use at a density of at least 16
residential units per acre in any district designated for commercial use.
Also under the bill, a political subdivision must 1) establish a process for
approving, denying, or conditionally approving an application for approval of a
workforce housing project within 90 days of receiving the application and 2) approve
any application for approval of a workforce housing project that is consistent with
the housing element of the political subdivision's comprehensive plan or consistent

with the political subdivision's zoning ordinance unless the political subdivision
demonstrates that the project would have an adverse impact on public health or
safety that is significant, quantifiable, direct, and unavoidable and the impact
cannot be mitigated without making the project financially infeasible as a workforce
housing project.
The bill also provides that a person aggrieved by the failure of a political
subdivision to approve an application for a workforce housing project including at
least four residential units may appeal the decision to the circuit court of the county
in which the project was to be completed. If the court finds that the political
subdivision has failed to satisfy certain statutory requirements related to
comprehensive planning or failed to prepare certain reports, the court must order the
political subdivision to approve the application.
Finally, the bill provides that a county, town, city, or village (approving
authority) that has the right to approve or object to a map of a subdivision (plat) must,
if the approving authority has the right to do so, assign street addresses to the lots
within the plat no later the date on which the plat is approved or deemed approved
by the approving authority, unless the time is extended by agreement with the
subdivider.
Because this bill may increase or decrease, directly or indirectly, the cost of the
development, construction, financing, purchasing, sale, ownership, or availability of
housing in this state, the Department of Administration, as required by law, will
prepare a report to be printed as an appendix to this bill.
For further information see the state and 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:
SB840,1 1Section 1. 60.61 (2) (b) of the statutes is renumbered 60.61 (2) (b) 1.
SB840,2 2Section 2. 60.61 (2) (b) 2. of the statutes is created to read:
SB840,2,63 60.61 (2) (b) 2. Any town that has a zoning ordinance under this subsection and
4that furnishes water and sewer service shall provide at least one district in which
5multifamily housing providing not fewer than 16 residential units per acre is a
6permitted use.
SB840,3 7Section 3. 60.61 (2) (b) 3. of the statutes is created to read:
SB840,3,178 60.61 (2) (b) 3. Notwithstanding subd. 1., in a town that has a zoning ordinance
9under this subsection and that furnishes water and sewer service, any district

1designated for commercial use shall permit residential use at a density of at least 16
2residential units per acre. This subdivision does not apply to those portions of a
3district located immediately adjacent to an area designated or used for industrial use
4or where residential use would have an adverse impact on public health or safety to
5adjacent property users that is significant, quantifiable, direct, and unavoidable
6unless the developer can mitigate the adverse impact without making the project
7financially infeasible. A town shall demonstrate an adverse impact under this
8subdivision by reference to objective written standards, policies, or conditions
9relating to public health or safety that exist on the date that the town receives an
10application for zoning approval. A zoning ordinance or other general land use plan
11is not an objective written standard, policy, or condition relating to public health or
12safety under this subdivision. This subdivision does not affect the authority of a town
13to require compliance with local development requirements, except for those that
14prohibit residential use in a district designated for commercial use, that require a
15density of fewer than 17 residential units per acre, that require more than 2 parking
16spaces per unit, or that impose any other requirement that would make the use
17financially infeasible.
SB840,4 18Section 4. 62.23 (7) (b) of the statutes is renumbered 62.23 (7) (b) 1. and
19amended to read:
SB840,4,220 62.23 (7) (b) 1. For any and all of said purposes the council may divide the city
21into districts of such number, shape, and area as may be deemed best suited to carry
22out the purposes of this section; and within such districts it may regulate and restrict
23the erection, construction, reconstruction, alteration, or use of buildings, structures,
24or land. All such regulations shall be uniform for each class or kind of buildings and

1for the use of land throughout each district, but the regulations in one district may
2differ from those in other districts.
SB840,4,5 34. No ordinance enacted or regulation adopted under this subsection may
4prohibit forestry operations that are in accordance with generally accepted forestry
5management practices, as defined under s. 823.075 (1) (d).
SB840,4,8 62. a. The council may establish mixed-use districts that contain any
7combination of uses, such as industrial, commercial, public, or residential uses, in
8a compact urban form.
SB840,4,20 92. b. The council may with the consent of the owners establish special districts,
10to be called planned development districts, with regulations in each, which in
11addition to those provided in par. (c), will over a period of time tend to promote the
12maximum benefit from coordinated area site planning, diversified location of
13structures, and mixed compatible uses. Such regulations shall provide for a safe and
14efficient system for pedestrian and vehicular traffic, attractive recreation and
15landscaped open spaces, and economic design and location of public and private
16utilities and community facilities and insure ensure adequate standards of
17construction and planning. Such regulations may also provide for the development
18of the land in such districts with one or more principal structures and related
19accessory uses, and in planned development districts and mixed-use districts the
20regulations need not be uniform.
SB840,5 21Section 5. 62.23 (7) (b) 3. of the statutes is created to read:
SB840,4,2522 62.23 (7) (b) 3. a. Any city that has a zoning ordinance under this subsection
23and that furnishes water and sewer service shall provide at least one district in
24which multifamily housing providing not fewer than 16 residential units per acre is
25a permitted use.
SB840,5,17
1b. Notwithstanding subd. 1., in a city that has a zoning ordinance under this
2subsection and that furnishes water and sewer service, any district designated for
3commercial use shall permit residential use at a density of at least 16 residential
4units per acre. This subd. 3. b. does not apply to those portions of a district located
5immediately adjacent to an area designated or used for industrial use or where
6residential use would have an adverse impact on public health or safety to adjacent
7property users that is significant, quantifiable, direct, and unavoidable unless the
8developer can mitigate the adverse impact without making the project financially
9infeasible. A city shall demonstrate an adverse impact under this subd. 3. b. by
10reference to objective written standards, policies, or conditions relating to public
11health or safety that exist on the date that the city receives an application for zoning
12approval. A zoning ordinance or other general land use plan is not an objective
13written standard, policy, or condition relating to public health or safety under this
14subd. 3. b. Notwithstanding par. (am), this subd. 3. b. does not affect the authority
15of a city to require compliance with local development requirements, except for those
16that prohibit residential use in a district designated for commercial use or that
17require a density of fewer than 17 residential units per acre.
SB840,6 18Section 6. 66.10015 (1) (es) of the statutes is created to read:
SB840,5,2219 66.10015 (1) (es) “Workforce housing” means housing to which all of the
20following apply, as adjusted for family size and the county in which the household is
21located, based on the county's 5-year average median income and housing costs as
22calculated by the U.S. Bureau of the Census in its American Community Survey:
SB840,5,2423 1. The housing costs a household no more than 30 percent of the household's
24gross median income.
SB840,6,3
12. The residential units are for initial occupancy by individuals whose
2household median income is no more than 120 percent of the county's gross median
3income.
SB840,7 4Section 7. 66.10015 (7) of the statutes is created to read:
SB840,6,65 66.10015 (7) Workforce housing. (a) A political subdivision shall do all of the
6following:
SB840,6,97 1. Establish a process for approving, denying, or conditionally approving an
8application for approval of a workforce housing project within 90 days of receiving
9the application.
SB840,6,1310 2. Approve any application for approval of a workforce housing project that is
11consistent with the housing element of the political subdivision's comprehensive
12plan or consistent with the political subdivision's zoning ordinance unless the
13political subdivision demonstrates that all of the following apply:
SB840,6,2014 a. The project would have an adverse impact on public health or safety that is
15significant, quantifiable, direct, and unavoidable. A political subdivision shall
16demonstrate an adverse impact under this subd. 2. a. by reference to objective
17written standards, policies, or conditions relating to public health or safety that exist
18on the date that the political subdivision receives the application. A zoning
19ordinance or other general land use plan is not an objective written standard, policy,
20or condition relating to public health or safety under this subd. 2. a.
SB840,6,2221 b. The impact under subd. 2. a. cannot be mitigated without making the project
22financially infeasible as a workforce housing project.
SB840,7,323 (b) A person aggrieved by the failure of a political subdivision to approve an
24application under par. (a) 2. for a workforce housing project including at least 4
25residential units may appeal the decision to the circuit court of the county in which

1the project was to be completed. If the court finds that the political subdivision has
2failed to satisfy the requirements of s. 66.1001 (2) (b), 66.10013, or 66.10014, the
3court shall order the political subdivision to approve the application.
SB840,8 4Section 8. 236.11 (2) (am) of the statutes is created to read:
SB840,7,95 236.11 (2) (am) If a plat is approved or deemed approved by an approving
6authority under par. (a) and the approving authority has the right to assign a street
7address to a lot within the plat, the approving authority shall, no later than the date
8of approval, assign the lot's street address, unless the time is extended by agreement
9with the subdivider.
SB840,9 10Section 9. Initial applicability.
SB840,7,1311 (1) The treatment of ss. 60.61 (2) (b) 3., 62.23 (7) (b) 3. b., and 66.10015 (7) (a)
122. and (b) first applies to an application received on the effective date of this
13subsection.
SB840,7,1514 (2) The treatment of s. 236.11 (2) (am) first applies to a preliminary or final plat
15submitted for approval under s. 236.11 on the effective date of this subsection.
SB840,7,1616 (End)
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