City of Wisconsin Rapids - Permit Center

Variance

Description: A variance allows a property owner to develop property in a way that is not otherwise allowed because of a hardship.

Initiation: The owner of the subject property may submit an application for a variance.

Decision-maker(s): The Zoning Board of Appeals makes the decision.

Application fee: $250

Application deadline: The filing deadline is three weeks prior to the meeting in which you wish to appear. The Zoning Board of Appeals typically meets the second Tuesday of the month at 1:00 pm.

Review procedures:

Submittal of application materials. The applicant shall submit a completed application and other required materials to the zoning administrator along with the application fee as may be established by the Common Council.
Staff review. Within 30 calendar days of submittal, the zoning administrator shall either schedule a date for the public hearing with the Zoning Board of Appeals allowing for proper public notice or make a determination that the application is incomplete and notify the applicant of any deficiencies. If the application is incomplete, the applicant has 3 months to resubmit the application or forfeit the application fee. The zoning administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.
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 shall mail a copy of the application and public hearing notice to the regional office of the Wisconsin Department of Natural Resources at least 10 calendar days before the date of the public hearing.
General notice. Consistent with Division 2 of Article 4, the zoning administrator shall provide for class 2 public notice, property owner notification, and meeting agenda notice.
Staff report preparation and distribution. The zoning administrator shall 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 shall also provide a copy to interested people upon request.
Public hearing. Allowing for proper notice, the Zoning Board of Appeals shall hold 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.
Decision. After the public hearing has been closed, the Zoning Board of Appeals after considering the comments and the staff report shall make a decision based on the decision criteria contained 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, but no later than 40 calendar days after the public hearing unless the applicant agrees to an extension of a specified duration.
Preparation of decision document. Based on the action of the Zoning Board of Appeals, the zoning administrator shall prepare a decision document consistent with this division.
Applicant notification. Within a reasonable time following the Zoning Board of Appeals’ decision, the zoning administrator shall mail the decision document to the applicant by regular mail.
Notification to Department of Natural Resources. If the application relates to the floodplain regulations or shoreland-wetland regulations in this chapter, the zoning administrator shall mail a copy of the decision document to the regional office of the Wisconsin Department of Natural Resources.
Acceptance by property owner. If the Zoning Board of Appeals grants the variance with one or more condition of approval, the property owner shall sign the decision document to acknowledge the imposition of such condition or conditions and return the same to the zoning administrator within 6 months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the City Clerk 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 become null and void without any further action by the City. 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.
Public record copy. A duplicate copy of the decision document shall be retained as a public record.
Additional procedural steps. If the Zoning Board of Appeals grants the variance, the applicant shall then follow other review procedures as may be required.

Application Materials

Variance Application

Frequently Asked Questions

+ - What happens to a variance when the property is sold?

Variances run with the land. This means that a variance will continue in effect as the property is transferred from one owner to the next. All terms and conditions of the variance remain unchanged and apply to all subsequent property owners.

+ - The Board of Appeals just granted a variance similar to the one that I will be requesting. Can I assume my application will be approved as well?

Not necessarily. The Board of Appeals must apply a set of criteria based on the particular circumstances of the request. Because no two zoning cases are exactly the same, the outcomes may be quite different.

+ - Can I contact one or more of the members serving on the Board of Appeals to run some ideas by them? It would certainly help me prepare my application.

No. The members on the Board of Appeals are similar in many respects to a judge. They hear and evaluate evidence in a public forum and render a decision within the context of local, state, and, in some cases, federal law. This is referred to as a "quasi-judicial" decision. It is not proper for anyone - the applicant, a proponent, or an opponent - to contact a board member regarding a potential or pending application. Because these private conversations, referred to as "ex parte communication" should not occur, all parties can be assured of an unbiased proceeding, even if they do not agree with the outcome.

+ - If a dimensional variance is granted to allow the construction of a building, is that building then considered a nonconforming structure?

Yes. All rules and regulations that apply to nonconforming structures will apply.

Wisconsin Rapids

Zoning Code | Permit Center | Variance