Recognizing that there may be situations where a zoning regulation
that, if enforced, would cause unnecessary hardship to individual
landowners, the state legislature established a mechanism to allow
a municipality to issue a variance in those instances where a minor
deviation would be appropriate to alleviate such hardship without
circumventing or undermining the intent of the municipality's zoning
regulations. This division describes the requirements and procedures
for reviewing variance applications for dimensional standards.
The owner of the subject property may submit an application
for a variance.
The general steps outlined below shall be used in the review
of a variance application.
A. Submittal of application materials. The applicant submits a completed
application and other required materials to the Zoning Administrator
along with the application fee as may be established by the Village
Board.
B. Determination of completeness. The Zoning Administrator reviews the
submittal to make sure it is complete and ready for further review.
A determination of completeness shall be made within 30 days of the
submittal. If it is not complete, the Zoning Administrator will notify
the applicant in writing of such deficiencies and that the applicant
has three months from the date of the notice to resubmit the application
or forfeit the application fee. The Zoning Administrator will take
no further steps to process the application until the deficiencies
are remedied. The incomplete application is retained as a public record.
A determination that an application is complete means the application
is ready for formal review and does not suggest the applicant has
provided sufficient information in all regards or preclude the reviewing
authority from requesting additional information it deems appropriate.
C. Review date. When the Zoning Administrator determines the application
is complete, he or she schedules the review with the Zoning Board
of Appeals consistent with its adopted calendar.
D. Special notice to Department of Natural Resources. If the application
relates to the floodplain regulations or shoreland-wetland regulations
in this chapter, the Zoning Administrator sends a copy of the application
and public hearing notice to the regional office of the Wisconsin
Department of Natural Resources via regular mail and/or email at least
10 calendar days before the date of the public hearing.
E. General notice. Consistent with Division 2 of Article 4, the Zoning
Administrator provides for i) a Class 2 public notice, ii) property
owner notification, and iii) meeting agenda notice.
F. Staff report preparation and distribution. The Zoning Administrator
may prepare a written staff report as described in this division and
provide a copy to each member of the Zoning Board of Appeals and the
applicant. The Zoning Administrator provides a copy to interested
people upon request.
G. Public hearing. Allowing for proper notice, the Zoning Board of Appeals
holds a public hearing consistent with Division 3 of Article 4. Prior
to the close of the public hearing, the applicant or the Board may
request a continuance consistent with Division 3 of Article 4. If
the public hearing is adjourned, the Zoning Board of Appeals may direct
the Zoning Administrator, the Village Engineer, and/or Village Attorney
to conduct additional research and to prepare such documents it deems
necessary, including a preliminary decision document.
H. Decision. After the public hearing has been closed, the Zoning Board
of Appeals, after considering the comments and the staff report, if
any, makes a decision based on the decision criteria in this division
to i) approve the variance, ii) approve the variance with conditions,
or iii) deny the variance. The Zoning Board of Appeals may render
its decision at the same meeting the public hearing is conducted or
at a subsequent meeting.
I. Preparation of decision document. Based on the action of the Zoning
Board of Appeals, the Zoning Administrator prepares a decision document
consistent with this division.
J. Applicant notification. Within a reasonable time following the Zoning
Board of Appeals' decision, but not more than 10 workdays, the Zoning
Administrator sends the decision document to the applicant by regular
mail and/or email.
K. Notification to department of natural resources. If the application
relates to the floodplain regulations or shoreland-wetland regulations
in this chapter, the Zoning Administrator sends a copy of the decision
document to the regional office of the Wisconsin Department of Natural
Resources via regular mail and/or email.
L. Acceptance by property owner. If the Zoning Board of Appeals grants
the variance with one or more conditions of approval, the property
owner must sign the decision document to acknowledge the terms of
the approval and return the same to the Zoning Administrator within
six months of the decision. Prior to the expiration of the previously
specified time period, the property owner may submit a petition to
the Zoning Administrator requesting an extension and the Zoning Administrator
may, with cause, extend the period within which the decision document
must be signed. If the signed decision document is not returned within
the initial or extended time period, if any, the decision shall automatically
become null and void without any further action by the Village at
the expiration of such time limit. The decision document shall only
become effective when all required signatures have been obtained and
the original signature copy is returned to the Zoning Administrator.
M. Public record copy. A copy of the decision document is retained as
a public record.
N. Additional procedural steps. If the Zoning Board of Appeals grants
the variance, the applicant shall then follow other review procedures
as may be required.
The Zoning Board of Appeals shall base its decision upon the
standard for a variance described in § 62.23(7)(e)(7), Wis.
Stats., and applicable judicial interpretations of such statute.
The following actions shall not be allowed by an area variance,
and shall be deemed to be a use variance subject to the use variance
standard in § 62.23(7)(e)7.(d), Wis. Stats.:
A. Expansion of a nonconforming use (e.g., expansion of area, increase
in operational characteristics, etc.), or
B. Modification to lot size requirements so as to increase the permitted
density or intensity of use.
In approving a variance, the Zoning Board of Appeals may impose
such conditions and restriction as may be necessary to grant approval.
The application submittal shall include an application form
as may be used by the Village and a project map prepared at an appropriate
scale depicting the information listed in Appendix F.
The staff report should include the following:
A. Preliminary findings for the decision criteria listed in this division;
B. A preliminary recommendation to approve the application, approve
the application with conditions, or deny the application;
C. A preliminary list of conditions for approval whether the staff recommendation
is for approval or denial; and
D. Other information deemed necessary.
If the Zoning Board of Appeals denies a variance application,
the Board may not rehear the same, or essentially the same, application
unless there has been substantial change in the circumstances relating
to the application.
A variance approval shall automatically expire 12 months after
the date of issuance unless substantial work has commenced under the
permit and continues in good faith to completion. Upon petition and
with cause, the Zoning Administrator may grant a one-time extension,
not to exceed 12 months, provided that:
A. The permit holder requests the extension prior to the expiration
of the permit;
B. The permit holder clearly demonstrates that circumstances beyond
his or her control prevented the start of construction and the continuation
of the same; and
C. The project complies with this chapter in effect at the time the
extension is granted.
An aggrieved person may appeal a final decision made pursuant
to this division by filing an appeal with a court of competent jurisdiction
within 30 calendar days of the final decision.