LRB-4681/1
EVM&KRP:skw
2021 - 2022 LEGISLATURE
October 8, 2021 - Introduced by Representatives Brooks, Armstrong and Born.
Referred to Committee on Housing and Real Estate.
AB608,1,6
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.