Village of Caledonia - Permit Center

Variance

Description: 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 zoning regulations.

Reviewer: Zoning Board of Appeals

Review considerations: As more fully set forth in the zoning regulations, the Board must determine that each of the following apply in order to approve a variance request.

Preservation of Intent. No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a stated permitted use, accessory use, or conditional use in that particular district.
Exceptional Circumstance. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district and the granting of the variance would not be so general or recurrent in nature as to suggest that the zoning ordinance should be changed.
Economic Hardship and Self-imposed Hardship Not Grounds for Variance. No variance shall be granted solely on the basis of economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of a variance.
Preservation of Property Rights. The variance shall be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.
Absence of Detriment. No variance shall be granted that will create substantial detriment to adjacent property and will materially impair or be contrary to the purpose and spirit of the zoning ordinance and public interest.

Note: Additional requirements apply when considering variance requests in floodplain districts.

Application Fee

$450

Upcoming Meetings

There are no upcoming dates at this time.

Application Materials

Procedure Summary - Board of Appeals

Submit Application

Are you Ready?

Do you have a PDF of your completed application form and other required materials?

Yes No

If no, the application form is posted on this page.

Frequently Asked Questions

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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.

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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.

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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.

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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.

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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.

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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.

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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.

View all Frequently Asked Questions

Primary Staff Contact

Peter Wagner, Development Director

262-835-6446

[email protected]

Caledonia, Wisconsin

Zoning Code Portal | Permit Center | Variance