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Zoning Code | Permit Center | Variance

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Variance
Description Development projects in the City need to comply with a variety of standards in the zoning regulations. Sometimes, dimensional standards, such as building setbacks from lot lines, can have the effect of prohibiting or severely restricting the use of a particular property. In those instances, a property owner can submit a variance application.
 
Variances are reviewed on a case-by-case basis by the Board of Appeals. In determining whether to approve or deny the petitioner’s application, the Board of Appeals must consider prior court precedent, state statutes, and the City's zoning regulations.
 
The petitioner has the burden of proof during the review process (i.e., the application and during the public hearing) to clearly demonstrate the variance being requested is unique to the subject property, the current or a prior property owner did not create the situation giving rise to the request (i.e., not self-created), the variance, if granted, will not be contrary to the public interest.

Decisionmaker The Zoning Board of Appeals makes the final decision

Appeals The Board's decision can be appealed to the circuit court.




















 
Application Fee
There is no fee
Frequently Asked Questions
Primary Staff Contact
Robert Harris, Director of Planning & Development
262.284.2600 x1017
About Reviewers
The following are involved in the review of this type of application.

The Zoning Board of Appeals includes 5 members and 2 alternates who are appointed by the Mayor. (verify) The board reviews variance applications and administrative appeals.

Planning staff provides technical support to the Common Council, Plan Commission, Historic Commission, DRB??, Zoning Board of Appeals, developers, neighbors, and other interested parties to facilitate the development review process.

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Everyone involved in reviewing development projects help ensure they align with City regulations and long-term planning goals to foster positive growth and development.