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Mukwonago amends residency restriction code to add appeals process after legal review
Summary
Trustees approved a recommendation to repeal the original-domicile restriction in the village code and add a due-process appeals hearing, retaining 1,500-foot buffers for certain offenders and aiming to reduce legal vulnerability.
The Committee of the Whole recommended changes to the village municipal code (ordinance 1045) to remove the original-domicile bar and create an appeals process for residency restrictions affecting defined offenders. The change follows recent case law concerns about municipality-wide restrictions and the need for individualized due process.
The village attorney explained that municipalities that enforce a municipality-wide original-domicile restriction have faced federal court challenges; the proposed update would keep geographic buffers (1,500 feet) around parks, schools and childcare centers but would eliminate the original-domicile prohibition and add an administrative hearing before the board to consider waivers. "Those have also been subject to challenge," the attorney said regarding ordinances lacking an appeal process. Trustees approved the recommendation by voice vote.
