Zoning Code Portal | Frequently Asked Questions

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Accessory Structures and Uses
Are there requirements regulating signs and do I need a permit?
Sign regulations are found in Chapter 11 of zoning regulations (Title 13). Some signs can be installed without a permit provided all of the standards are met. All other signs must get a permit before installation.
Application Reviews
What is an interpretation?
If a person has a question about the meaning of a provision in the zoning regulations such as how it is applied generally or to a particular situation, you can ask the Board of Appeals to make an interpretation. See Chapter 3 of the zoning regulations (Title 13 of the municipal code) for the details. More information about this process is posted on the Procedures page. Click HERE.
According to the Village's zoning code, a proposed use is listed as being permitted by right. What does that mean?

A land use that is designated as being permitted by right does not require a public meeting to determine if the use can occur within a given zoning district. A land use permitted by right still must comply with all other applicable provisions in the Village's zoning code.

Can a decision made by the Zoning Administrator be appealed?

The Zoning Administrator is authorized to make various decisions which are administrative in nature. All such decisions can be appealed to the Board of Appeals. Details about the procedures and other details are posted HERE. An appeal must be made soon after the decision.

Can a decision of the Board of Appeals be appealed?

Yes; appeals are made to the circuit court and generally must be filed with the court soon after the decision has been made.

Can a decision of the Plan Commission be appealed?

The Plan Commission does not make any final decisions. The Commission is strictly advisory to the Village Board.

Can a decision of the Village Board be appealed?

Yes; appeals are made to the circuit court and generally must be filed with the court soon after the decision has been made.

What is a cash deposit and why is one required?

For some types of development reviews, the Village requires an upfront payment that is used to pay for the time spent by the Village engineer, attorney, planner, or other professional in reviewing the application. In that way, Village taxpayers aren't paying for the cost of development activities. If costs exceed the initial amount, the applicant will need to deposit additional funds. Any money left in the deposit will be returned after the review has been completed.

Can a decision that is made pursuant to the zoning regulations be appealed?

Yes; all decisions can be appealed, although the process for the appeal will vary by the type of decision. Administrative decisions made by the zoning administrator, for example, can be appealed to the Board of Appeals. Decisions that are not administrative in nature, can be appealed to circuit court.  An appeal must be made soon after the decision.

If I submit an application and it is not approved, can I get my application fee back?

Application fees are not refundable. They are intended to cover the costs necessary to review the application. 

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

No, not necessarily. In making their decision, 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. 

The review process for a development application includes a public hearing. What's that?

A public hearing is intended to allow the petitioner the opportunity to describe their proposed project and interested parties the opportunity to share their concerns with the reviewing authority. While all public comments are welcome, speakers should focus on those elements of the project that are within the review authority's scope of authority. Consistent with established policies, public comments may be limited in duration to make sure everyone who wants to speak can be heard.

What is a conflict of interest and when does it become an issue?
A public official charged with making a decision regarding a specific development application is said to have a conflict of interest when it would appear that the person is not able to make an unbiased decision. If a person has a conflict of interest, they should voluntarily recuse themselves from the decision-making process.
What is the municipal code?
The municipal code is a compilation of various ordinances adopted by the Village Board. The municipal code for the Village of Caledonia is posted HERE.
Will I be notified of proposed development projects?

Consistent with state law and the Village's zoning regulations, we need to send out notices to surrounding property owners for certain kinds of development applications that are submitted for review. 

You can however sign up to receive email alerts for all development applications that may be of interest. Go to the eAlerts page and subscribe by submitting your email address and the search parameter you want. You can unsubscribe or change your preferences at any time.

Dimensional Requirements
Is there a requirement regulating size the size of detached garages?
Yes. There is a limitation on the size of a detached buildings in most/all of the residential zoning districts. Go to the Dimensional Standards page for more details.
Floodplains
Once the elevation of the ordinary high-water mark has been established for a property, does it apply to all properties on the same lake?
No. Many factors influence the elevation of an ordinary high-water mark. Prevailing winds can cause the ordinary high-water mark to be higher in elevation on some areas of a lake when compared to other areas that may be more sheltered from the effects of wind.
What is a bulkhead line?
By definition, a bulkhead line is a geographic line along a navigable waterway that has been adopted by the Village and approved by the Wisconsin Department of Natural Resources pursuant to § 30.11, Wis. Stats. Once a bulkhead line has been formally established, the area can be filled in. The Village of Caledonia has established one bulkhead line for the power plant. (See Title 13, Chapter 3 of the municipal code)
What is an elevation certificate?
An elevation certificate is a form that a surveyor or engineer completes on behalf of the property owner to verify the height of the first floor of a new building built in the 100-year floodplain. It is submitted to the zoning administrator for review and approval.
What is dryland access and when is it required?

Dryland access is a term used with respect to the floodplain regulations. It is a street or driveway that is above the flood elevation and that provides physical access to a lot situated in the 100-year floodplain. All new homes and businesses that are built in the floodplain must have dryland access to ensure emergency responders are able to get to the property during a flood event. For additional details, see the zoning regulations for more details. Click HERE.

For Developers
What is a development (developer) agreement?
A development (developer) agreement (DA) is a contract between a developer and the municipality that describes the rights and responsibility of the parties with regard to a specific development project, like a subdivision, that has received preliminary or final approval. A DA can address a wide range of issues, including the installation of public/private infrastructure needed to support the project and phasing if its a large project. All DAs are public records and can be viewed at the Village offices during normal office hours.
What are seasonal weight restrictions?

Roads undergo a lot of stress especially in the spring when the ground is freezing and thawing out, typically the first or second week in March through late April or early May. Some roads are especially vulnerable to heavy truck traffic. The state of Wisconsin, counties, and municipalities have the authority to close roads to certain weight limits to protect them from damage. Contractors and developers need to be aware that seasonal weight restrictions can pose challenges in moving heavy equipment to and from a job site. Plan ahead and check in with the Village to get a sense for when the restrictions may be imposed and/or lifted. You may call the Village Hall at 262-835-4451 during normal office hours. 

I noticed there are some tax increment financing (TIF) district on the Interactive Map. What's a TIF district?
Municipalities are given the authority in state statutes to create tax increment financing (TIF) district in certain circumstances to help finance public expenditures needed to spur economic development within the district. The Village of Caledonia currently has 4 active TIF districts. 

While TIF districts do not specifically relate to zoning, they are included on this website because they potentially could relate to the land development process and what get's developed and how.
For Property Owner/Buyer
What are covenants and who enforces them?
Covenants or deed restrictions are limitations often imposed by the person creating a subdivision. As such, they are a private agreement by and between those parties who own property covered by the covenants. They are not enforced by the Village or any other governmental entity that is not specifically mentioned as being a party to the restrictions. Those persons owning property covered by the covenants have the right to enforce covenants. In some instances, a property owner wishing to enforce the terms of a covenant may need to hire legal counsel to resolve covenant issues. 
What happens to a variance when a property is sold?

If a variance has been approved, the approval runs 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 the current and future property owners.

How do I know where the property boundary lines for a property are located?
If you are looking for the general location of lot lines, the Interactive Zoning map on this website is a good place to start. Please understand though that those lot lines are approximate and do not substitute for a survey prepared by a registered land surveyor.

A legal description describes where a property is located, and metal rods, placed in the ground by a registered surveyor, identify certain points along the perimeter of the property. Locating property boundary lines can be a challenge though, especially for lots that have not been recently surveyed. Survey markers may not have ever been established, or if placed in the ground, they can be inadvertently removed or become buried. If you are not able to find one or more survey markers and need to know precisely where a boundary line is located, you will need to hire a registered surveyor.
I need to hire a professional surveyor. Can you recommend one?

The Village cannot recommend any particular surveyor. We do however maintain a list consultants and offer it as a public service. Check it out HERE. You can browse the list or use the filter to find those providing the services you may need.

What happens if there are outstanding permits on a property?

Property owners are sometimes surprised to learn that there are permit approvals that have not been closed out. Typically, this involves a final inspection following completion of the work. In some cases, outstanding permits can slow down or derail the sale of a property. That's because a new homeowner, and sometimes lenders, need to know that work done on the property complies with local requirements.

When should I get a survey of my property?
  1. Having a survey before you purchase property is a good idea, especially on larger parcels and when there is little on the ground to suggest where the lot lines may be located. A survey offers much-needed confidence.
  2. If a neighbor disputes where the lot line is between your properties, a survey can clearly show where the lot line is actually located.
  3. If you are installing a fence or constructing a house or an addition, a survey will help ensure the proposed locations comply with any setback requirements.
Land Divisions
Can I sell a part of my property to my neighbor?
Wisconsin state statutes allows adjoining property owners to transfer land in certain circumstances. However, both of the resulting lots need to comply with zoning requirements. Also, if one of the lots is located in a subdivision, the other must be located in the same subdivision.
Can I subdivide my property?
The short answer is that property can be subdivided so long as the parcel or parcels being created meet the requirements of the subdivision regulations (Title 14), the zoning code (Title 16), and all other regulations that may apply. However, there may be instances where those land use regulations preclude the creation of new lots. Some land cannot be divided because the property is too small, the land does not have a source of potable water or a means of disposing of wastewater, or the land may be located in an area where new lots should not be created, for example in the floodway of a river. As a starting point, find out how big the parcel is and the minimum lot size for the zoning district in which it is located. In any event, be sure to contact the zoning administrator for more information. If the property is located in a residential subdivision, you should also review the covenants, if any, to see if there are any private restrictions.
I need to hire a professional surveyor. Can you recommend one?

The Village cannot recommend any particular surveyor. We do however maintain a list consultants and offer it as a public service. Check it out HERE. You can browse the list or use the filter to find those providing the services you may need.

Neighbor Issues
My neighbor and I disagree on the location of the boundary line of our properties. Is this a zoning issue?
No. This is not a zoning issue. Boundary disputes are personal legal matters and are not within the jurisdiction of the municipality, unless a municipal boundary is the issue. You may want to hire a registered land surveyor to examine the dispute. You may also want to seek the advice of an attorney.
I've heard about solar and wind access permits. What are they?

Under Wisconsin law, a village (and other governing bodies) can establish a mechanism to allow property owners to apply for a solar or wind access permit. If approved, the permit is intended to prevent a surrounding property owners from interfering with the operation of the wind turbine or solar collector. The Village has not adopted such mechanism. Additional information about the state law is available HERE.

The Village's zoning code allows adult uses. Why is that?

The Village is not able to prevent all adult uses. Based on court precedent, the Village must accommodate those types of uses. The Village does however have the ability to regulate where they can be located and impose limitations on their operation to address the negative secondary effects of such uses. 

My neighbor's tree hangs over the fence into my yard. Is this a zoning issue?

No, this is not a zoning issue. Talk to your neighbor to see if the branches can be pruned or perhaps removed. Because this is a civil matter, you may want to consult an attorney to see if you have any legal recourse.

What are covenants and who enforces them?
Covenants or deed restrictions are limitations often imposed by the person creating a subdivision. As such, they are a private agreement by and between those parties who own property covered by the covenants. They are not enforced by the Village or any other governmental entity that is not specifically mentioned as being a party to the restrictions. Those persons owning property covered by the covenants have the right to enforce covenants. In some instances, a property owner wishing to enforce the terms of a covenant may need to hire legal counsel to resolve covenant issues. 
What is an easement?

An easement is generally a defined area on a parcel that gives another person the right to use that area for a specific purpose. For example, a driveway easement allows a property owner to establish a driveway on another person's property for their benefit.

Can I sell a part of my property to my neighbor?
Wisconsin state statutes allows adjoining property owners to transfer land in certain circumstances. However, both of the resulting lots need to comply with zoning requirements. Also, if one of the lots is located in a subdivision, the other must be located in the same subdivision.
When should I get a survey of my property?
  1. Having a survey before you purchase property is a good idea, especially on larger parcels and when there is little on the ground to suggest where the lot lines may be located. A survey offers much-needed confidence.
  2. If a neighbor disputes where the lot line is between your properties, a survey can clearly show where the lot line is actually located.
  3. If you are installing a fence or constructing a house or an addition, a survey will help ensure the proposed locations comply with any setback requirements.
Will I be notified of proposed development projects?

Consistent with state law and the Village's zoning regulations, we need to send out notices to surrounding property owners for certain kinds of development applications that are submitted for review. 

You can however sign up to receive email alerts for all development applications that may be of interest. Go to the eAlerts page and subscribe by submitting your email address and the search parameter you want. You can unsubscribe or change your preferences at any time.

Public Infrastructure
What is a development (developer) agreement?
A development (developer) agreement (DA) is a contract between a developer and the municipality that describes the rights and responsibility of the parties with regard to a specific development project, like a subdivision, that has received preliminary or final approval. A DA can address a wide range of issues, including the installation of public/private infrastructure needed to support the project and phasing if its a large project. All DAs are public records and can be viewed at the Village offices during normal office hours.
I noticed there are some tax increment financing (TIF) district on the Interactive Map. What's a TIF district?
Municipalities are given the authority in state statutes to create tax increment financing (TIF) district in certain circumstances to help finance public expenditures needed to spur economic development within the district. The Village of Caledonia currently has 4 active TIF districts. 

While TIF districts do not specifically relate to zoning, they are included on this website because they potentially could relate to the land development process and what get's developed and how.
What is an easement?

An easement is generally a defined area on a parcel that gives another person the right to use that area for a specific purpose. For example, a driveway easement allows a property owner to establish a driveway on another person's property for their benefit.

I need to install public infrastructure for my project. Where can I find the City's construction standards?
The Village Board adopted construction standards for public infrastructure and has revised them from time to time. Please contact the Planning Director during regular office hours to get the most recent version.
What is public infrastructure?
Public infrastructure is any facility or site improvement that is or will be owned by the Village. Examples include public streets and water and sewer lines. When a developer installs public infrastructure, the Village engineer must approve the construction plans and then oversee the work to ensure it complies with the approved plans and Village standards. The Village Board needs to formally accept any public infrastructure.
When does the City accept the public infrastructure that I build?
The Village Board adopt a resolution accepting the public infrastructure when the Village engineer determines the infrastructure has been built consistent with the approved construction plans and Village standards.  A two-year warranty period is required following acceptance during which time the developer is responsible for any problems with the infrastructure.
Roads and Driveways
What is an easement?

An easement is generally a defined area on a parcel that gives another person the right to use that area for a specific purpose. For example, a driveway easement allows a property owner to establish a driveway on another person's property for their benefit.

What are seasonal weight restrictions?

Roads undergo a lot of stress especially in the spring when the ground is freezing and thawing out, typically the first or second week in March through late April or early May. Some roads are especially vulnerable to heavy truck traffic. The state of Wisconsin, counties, and municipalities have the authority to close roads to certain weight limits to protect them from damage. Contractors and developers need to be aware that seasonal weight restrictions can pose challenges in moving heavy equipment to and from a job site. Plan ahead and check in with the Village to get a sense for when the restrictions may be imposed and/or lifted. You may call the Village Hall at 262-835-4451 during normal office hours. 

Solar & Wind Energy
I've heard about solar and wind access permits. What are they?

Under Wisconsin law, a village (and other governing bodies) can establish a mechanism to allow property owners to apply for a solar or wind access permit. If approved, the permit is intended to prevent a surrounding property owners from interfering with the operation of the wind turbine or solar collector. The Village has not adopted such mechanism. Additional information about the state law is available HERE.

Swimming Pools
Can a pool cover substitute for a fence around a swimming pool?
A perimeter fence is required. While a property owner can install a pool cover, it does not substitute for a fence.
Do I need a permit for a swimming pool?
You must obtain a zoning permit prior to constructing an above-ground swimming pool. Any decks or fences associated with a pool also require permit approval prior to construction.
Telecommunications
If a telecommunication facility is collocated, are there different review requirements based on the type of the proposed work?
Under state law (and by extension, the Village's zoning regulations), there are two types of collocations. A Class 1 collocation is where the proposed work constitutes a "substantial modification." In contrast, a Class 2 collocation does not constitute a "substantial modification." In general, a Class 1 collocation is reviewed like a new tower, while a Class 2 is reviewed administratively.
What is a Section 106 review?
Under the National Historic Preservation Act (Section 106), federal agencies need to consider how the projects they carry out, assist, fund, permit, license, or approve could potentially affect historic properties, if any are present. When it comes to telecommunication facilities, the Federal Communications Commission (FCC) reviews certain facilities and must therefore give the Advisory Council on Historic Preservation (ACHP), other agencies, local communities, and citizens the opportunity to weigh in on potential impacts of proposed facilities on historic properties. This review is unrelated to any local zoning requirements.
The Basics
The Village's zoning code allows adult uses. Why is that?

The Village is not able to prevent all adult uses. Based on court precedent, the Village must accommodate those types of uses. The Village does however have the ability to regulate where they can be located and impose limitations on their operation to address the negative secondary effects of such uses. 

How can I find out how a parcel of land is zoned?
A zoning map, adopted as part of the zoning code, shows where the various zoning districts are located. Go to the Interactive Map. There you can click on a parcel or search by address, parcel number, or owner name.
What are covenants and who enforces them?
Covenants or deed restrictions are limitations often imposed by the person creating a subdivision. As such, they are a private agreement by and between those parties who own property covered by the covenants. They are not enforced by the Village or any other governmental entity that is not specifically mentioned as being a party to the restrictions. Those persons owning property covered by the covenants have the right to enforce covenants. In some instances, a property owner wishing to enforce the terms of a covenant may need to hire legal counsel to resolve covenant issues. 
What is zoning?
State law gives municipalities the authority to adopt zoning regulations that seek to protect the public health, safety, and welfare by regulating the use of land. A zoning code typically consists of text and a zoning map. The zoning map depicts where the various zoning districts are located and the text establishes the requirements for existing and future land use development activities.
According to the Village's zoning code, a proposed use is listed as being permitted by right. What does that mean?

A land use that is designated as being permitted by right does not require a public meeting to determine if the use can occur within a given zoning district. A land use permitted by right still must comply with all other applicable provisions in the Village's zoning code.

Can I submit a petition to revise the text of the zoning code?
A person owning property that is subject to the zoning code can submit an application to amend the text of the zoning code. The application will need to be very specific in terms of the requested change. The procedures and requirements are listed in § __ of the zoning regulations. For your convenience, we have posted some of this information on the Permit Center page. Click HERE.
How do I know where the property boundary lines for a property are located?
If you are looking for the general location of lot lines, the Interactive Zoning map on this website is a good place to start. Please understand though that those lot lines are approximate and do not substitute for a survey prepared by a registered land surveyor.

A legal description describes where a property is located, and metal rods, placed in the ground by a registered surveyor, identify certain points along the perimeter of the property. Locating property boundary lines can be a challenge though, especially for lots that have not been recently surveyed. Survey markers may not have ever been established, or if placed in the ground, they can be inadvertently removed or become buried. If you are not able to find one or more survey markers and need to know precisely where a boundary line is located, you will need to hire a registered surveyor.
What if the zoning district does not allow a use I'd like to do?

A property owner can submit an application to rezone the property to another classification that allows the proposed use (i.e., map amendment). If the Village's zoning code does not allow the proposed use in any of the zoning districts, a property owner can submit an application to revise the text to allow the use in one or more of the zoning districts (i.e., text amendment). Go to the Procedures page or click HERE to get more details.

What is a zoning map?
A zoning map is part of the zoning regulations and shows where the various zoning districts are located. The land uses that are permitted will vary from district to district. This is also true for development standards including minimum lot size, lot coverage, and setback requirements. The purpose of establishing zoning designations within a community is to ensure that neighboring land uses are compatible with one another. For example, residential uses are generally not compatible with industrial uses. The various zoning districts are depicted on the Interactive Map.
What is the municipal code?
The municipal code is a compilation of various ordinances adopted by the Village Board. The municipal code for the Village of Caledonia is posted HERE.
When should I get a survey of my property?
  1. Having a survey before you purchase property is a good idea, especially on larger parcels and when there is little on the ground to suggest where the lot lines may be located. A survey offers much-needed confidence.
  2. If a neighbor disputes where the lot line is between your properties, a survey can clearly show where the lot line is actually located.
  3. If you are installing a fence or constructing a house or an addition, a survey will help ensure the proposed locations comply with any setback requirements.
Will I be notified of proposed development projects?

Consistent with state law and the Village's zoning regulations, we need to send out notices to surrounding property owners for certain kinds of development applications that are submitted for review. 

You can however sign up to receive email alerts for all development applications that may be of interest. Go to the eAlerts page and subscribe by submitting your email address and the search parameter you want. You can unsubscribe or change your preferences at any time.

Uses of My Land
How can I find out how a parcel of land is zoned?
A zoning map, adopted as part of the zoning code, shows where the various zoning districts are located. Go to the Interactive Map. There you can click on a parcel or search by address, parcel number, or owner name.
Can I have a camper on my property?
If a home is present on a property, then a camper may be kept on the property as an accessory use. This means that if you own a camper and enjoy taking it on vacations, you are allowed to keep the camper on your property provided it is not being used. It is not a vacation place for others to come and stay with you for the summer. It cannot be rented out while it sits on your property.
What are covenants and who enforces them?
Covenants or deed restrictions are limitations often imposed by the person creating a subdivision. As such, they are a private agreement by and between those parties who own property covered by the covenants. They are not enforced by the Village or any other governmental entity that is not specifically mentioned as being a party to the restrictions. Those persons owning property covered by the covenants have the right to enforce covenants. In some instances, a property owner wishing to enforce the terms of a covenant may need to hire legal counsel to resolve covenant issues. 
What happens to a variance when a property is sold?

If a variance has been approved, the approval runs 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 the current and future property owners.

According to the Village's zoning code, a proposed use is listed as being permitted by right. What does that mean?

A land use that is designated as being permitted by right does not require a public meeting to determine if the use can occur within a given zoning district. A land use permitted by right still must comply with all other applicable provisions in the Village's zoning code.

Can I sell a part of my property to my neighbor?
Wisconsin state statutes allows adjoining property owners to transfer land in certain circumstances. However, both of the resulting lots need to comply with zoning requirements. Also, if one of the lots is located in a subdivision, the other must be located in the same subdivision.
How do I know where the property boundary lines for a property are located?
If you are looking for the general location of lot lines, the Interactive Zoning map on this website is a good place to start. Please understand though that those lot lines are approximate and do not substitute for a survey prepared by a registered land surveyor.

A legal description describes where a property is located, and metal rods, placed in the ground by a registered surveyor, identify certain points along the perimeter of the property. Locating property boundary lines can be a challenge though, especially for lots that have not been recently surveyed. Survey markers may not have ever been established, or if placed in the ground, they can be inadvertently removed or become buried. If you are not able to find one or more survey markers and need to know precisely where a boundary line is located, you will need to hire a registered surveyor.
What if the zoning district does not allow a use I'd like to do?

A property owner can submit an application to rezone the property to another classification that allows the proposed use (i.e., map amendment). If the Village's zoning code does not allow the proposed use in any of the zoning districts, a property owner can submit an application to revise the text to allow the use in one or more of the zoning districts (i.e., text amendment). Go to the Procedures page or click HERE to get more details.

What is a zoning map?
A zoning map is part of the zoning regulations and shows where the various zoning districts are located. The land uses that are permitted will vary from district to district. This is also true for development standards including minimum lot size, lot coverage, and setback requirements. The purpose of establishing zoning designations within a community is to ensure that neighboring land uses are compatible with one another. For example, residential uses are generally not compatible with industrial uses. The various zoning districts are depicted on the Interactive Map.
When should I get a survey of my property?
  1. Having a survey before you purchase property is a good idea, especially on larger parcels and when there is little on the ground to suggest where the lot lines may be located. A survey offers much-needed confidence.
  2. If a neighbor disputes where the lot line is between your properties, a survey can clearly show where the lot line is actually located.
  3. If you are installing a fence or constructing a house or an addition, a survey will help ensure the proposed locations comply with any setback requirements.
Using this Website
Do I need to set up an account to submit an application online?
No. We designed our system to be as simple as possible.
If I sign up for eAlerts, can I unsubscribe at any time?

Yes; just click on the Unsubscribe link. Its included in all of the eAlert notifications that are sent out.

If I signed up for eAlerts, how can I change the search ring?

The best way is to unsubscribe and then subscribe again with your preferred search criteria. To unsubscribe, click on the link that's included in all of the eAlert notifications that are sent out.

I've signed up for eAlerts, but I haven't received any notifications yet. What's up?

We only send out eAlerts for those development applications that are subject to review at a public meeting. If you selected a small search circle when you signed up, that may also limit the number of eAlerts that you receive. Its also possible you mistyped your email address when signing up. 

Variances
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. In particular, see Title 16 of the municipal code.

What happens to a variance when a property is sold?

If a variance has been approved, the approval runs 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 the current and future property owners.

What is a variance?

By definition, a variance is a grant of relief issued by the Village's Board of Appeals that allows a specific property to be developed in a way that does not conform to one or more development standards or other requirement of the zoning code. The board must consider various criteria and determine that the variance application as submitted meets predefined factors. Article 8 of the zoning code describes the various procedures and requirements. To review some of the key requirements, click HERE or go to the Permit Center page.

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.

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

No, not necessarily. In making their decision, 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. 

Waterfront Properties
Once the elevation of the ordinary high-water mark has been established for a property, does it apply to all properties on the same lake?
No. Many factors influence the elevation of an ordinary high-water mark. Prevailing winds can cause the ordinary high-water mark to be higher in elevation on some areas of a lake when compared to other areas that may be more sheltered from the effects of wind.
What is dryland access and when is it required?

Dryland access is a term used with respect to the floodplain regulations. It is a street or driveway that is above the flood elevation and that provides physical access to a lot situated in the 100-year floodplain. All new homes and businesses that are built in the floodplain must have dryland access to ensure emergency responders are able to get to the property during a flood event. For additional details, see the zoning regulations for more details. Click HERE.

What is the ordinary high-water mark and how is it used?
By definition, the ordinary high-water mark is the point on the bank or shore where the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. As described in the Village's zoning code, most buildings and other types of structures must be setback from the ordinary high-water mark a distance of 75 feet.
Who establishes the elevation of the ordinary high-water mark?
Upon request, the zoning administrator can establish the ordinary high-water mark on a property.
Zoning Code Amendments
What is zoning?
State law gives municipalities the authority to adopt zoning regulations that seek to protect the public health, safety, and welfare by regulating the use of land. A zoning code typically consists of text and a zoning map. The zoning map depicts where the various zoning districts are located and the text establishes the requirements for existing and future land use development activities.
Can I submit a petition to have the zoning classification of my property changed?
Yes. As the property owner, you may submit an application to rezone your property. The procedures and requirements are prescribed in Chapter 17 of the zoning regulations. Some of this information is posted HERE.
Can I submit a petition to revise the text of the zoning code?
A person owning property that is subject to the zoning code can submit an application to amend the text of the zoning code. The application will need to be very specific in terms of the requested change. The procedures and requirements are listed in § __ of the zoning regulations. For your convenience, we have posted some of this information on the Permit Center page. Click HERE.
What if the zoning district does not allow a use I'd like to do?

A property owner can submit an application to rezone the property to another classification that allows the proposed use (i.e., map amendment). If the Village's zoning code does not allow the proposed use in any of the zoning districts, a property owner can submit an application to revise the text to allow the use in one or more of the zoning districts (i.e., text amendment). Go to the Procedures page or click HERE to get more details.

What is a zoning map?
A zoning map is part of the zoning regulations and shows where the various zoning districts are located. The land uses that are permitted will vary from district to district. This is also true for development standards including minimum lot size, lot coverage, and setback requirements. The purpose of establishing zoning designations within a community is to ensure that neighboring land uses are compatible with one another. For example, residential uses are generally not compatible with industrial uses. The various zoning districts are depicted on the Interactive Map.
Will my property taxes change, if my property is rezoned to a different zoning classification?
Because the assessed value of a property is based on many factors, there is unfortunately no simple answer. You may want to contact the Village assessor. Click HERE for contact info.