[Ord. No. 19-2020, 6-8-2020]
Zoning variances are intended as a way to provide relief from unnecessary hardships resulting from strict application of zoning chapter requirements.
[Ord. No. 19-2020, 6-8-2020]
The Zoning Board of Appeals is authorized to grant zoning variances in accordance with the procedures of this division, except that variances from the flood protection regulations of Division 90-490 are governed by the procedures established in § 90-490.70(c).
[Ord. No. 19-2020, 6-8-2020; amended 4-22-2024 by Ord. No. 7-2024]
The zoning variance procedures of this division may not be used to:
(a) 
Permit a principal use in a zoning district that is not otherwise allowed in that zoning district (i.e., use variances are prohibited);
(b) 
Waive, modify, or amend any definition or interpretation of a use classification;
(c) 
Waive, modify, or otherwise vary any of the review and approval procedures;
(d) 
Waive, modify, or otherwise vary any alternative compliance procedures (i.e., applicants may apply for variances from the standard zoning regulations or follow alternative compliance procedures when offered, but not both);
(e) 
Waive, vary, modify, or otherwise override a condition of approval or requirement imposed by an authorized decision-making body, the state, or federal government;
(f) 
Waive, vary, or modify applicable minimum lot area per unit (density) standards (Note: This provision is not intended to prohibit variances of minimum lot area requirements for individual lots.);
(g) 
Waive, vary, or modify provisions over which jurisdiction for exceptions or other modifications is assigned to another decision-making body; or
(h) 
Waive, vary, or modify provisions for which variances are expressly prohibited.
[Ord. No. 19-2020, 6-8-2020]
Zoning variance applications may be filed by eligible applicants or an eligible applicant's authorized agent. (See § 90-510.40.)
[Ord. No. 19-2020, 6-8-2020]
Figure 90-560-1
Zoning Variance
090 Fig 90-560-1 Zoning Variance.tif
Zoning variance applications must be filed with the Community Development Director.
[Ord. No. 19-2020, 6-8-2020]
(a) 
Published. Public notice of hearings on a zoning variance must be published as required by state law.
(b) 
Mailed. Notice must be mailed to all of the following at least 10 days before the Zoning Board of Appeals' public hearing on the matter:
(1) 
The subject property owner; and
(2) 
All owners of abutting property and of property separated from the subject property solely by public right-of-way.
[Ord. No. 19-2020, 6-8-2020]
(a) 
The Zoning Board of Appeals must hold a hearing to consider the zoning variance request.
(b) 
Following the close of the hearing, the Zoning Board of Appeals must make findings of fact and act to approve the requested zoning variance, approve the variance with modifications and/or conditions, refer the zoning variance request back to staff or deny the zoning variance request based on the review criteria and standards of § 90-560.80.
[Ord. No. 19-2020, 6-8-2020]
(a) 
Pursuant to § 62.23(7)(e)7, Wis. Stats., a zoning variance may not be approved unless the Zoning Board of Appeals finds, based on evidence presented by the subject property owner, that:
(1) 
There are conditions unique to the subject property that do not apply generally to other properties in the district;
(2) 
The variance is not contrary to the spirit, purpose, and intent of the regulations of this zoning chapter and is not contrary to the public interest;
(3) 
Strict compliance with applicable zoning regulations would unreasonably prevent use of the property for a permitted purpose or would render compliance with the chapter unnecessarily burdensome;
(4) 
The alleged hardship is created by the terms of the chapter rather than by a person who has a present interest in the property;
(5) 
The proposed variance will not create substantial detriment to adjacent property; and
(6) 
The proposed variance will not result in building or development that is incompatible with the character of the immediate neighborhood.
[Ord. No. 19-2020, 6-8-2020]
Approved variances run with the land and are not affected by changes of tenancy, ownership, or management.
[Ord. No. 19-2020, 6-8-2020]
An approved zoning variance will lapse and have no further effect one year after it is approved by the Zoning Board of Appeals, unless:
(a) 
A building permit has been issued (if required);
(b) 
The use or structure has been lawfully established; or
(c) 
A different lapse of approval period or point of expiration has been expressly established by the Zoning Board of Appeals.
[Ord. No. 19-2020, 6-8-2020]
Once a zoning variance request has been denied by the Zoning Board of Appeals, no application for the same or substantially similar variance application may be accepted for one year of the date of denial.
[Ord. No. 19-2020, 6-8-2020]
Any person aggrieved by a zoning variance decision of the Zoning Board of Appeals may appeal the decision in accordance with state law.