Town of West Bend - Permit Center

Variance

Description: Development projects in the town need to comply with a variety of standards in the zoning regulations. Sometimes, dimensional standards, such as building setbacks from lot lines, can have the effect of prohibiting or severely restricting the use of a particular property. In those instances, a property owner can submit a variance application.

Variances are reviewed on a case-by-case basis by the Board of Appeals. In determining whether to approve or deny the petitioner’s application, the Board of Appeals must consider prior court precedent, state statutes, and the Town’s zoning regulations.

The petitioner has the burden of proof during the review process (i.e., the application and during the public hearing) to clearly demonstrate the variance being requested is unique to the subject property, the current or a prior property owner did not create the situation giving rise to the request (i.e., not self-created), the variance, if granted, will not be contrary to the public interest.

Decisionmaker: The Board of Appeals makes the final decision

Application fee: $500 plus professional service (chargeback) fees

Upcoming Meetings

June Review

Filing Deadline:

2024-05-30T21:30:00Z

Date Reviewed:

2024-06-27T20:00:00Z

July Review

Filing Deadline:

2024-06-27T21:30:00Z

Date Reviewed:

2024-07-25T20:00:00Z

August Review

Filing Deadline:

2024-07-25T21:30:00Z

Date Reviewed:

2024-08-22T20:00:00Z

Show more dates

Notes

1. In order for an application to be heard on a given meeting date, the application (including forms, fees, plans, reports, etc.) must be submitted AND deemed complete by Town staff on or before the corresponding submittal date. Because of that, you may want to submit your application before the submittal date. That way, we may be able to let you know if anything is missing and you'll have some time to perhaps get it done before the deadline.

2. Meeting dates and their corresponding submittal dates are subject to change.

Application Materials

Administrative Appeal and Variance

Frequently Asked Questions

+ - I already know that I’ll need to get a variance to build my project. Can I submit a variance application as the first step or does the zoning application need to be denied first?

You can submit a variance without having a denial.

+ - 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.

+ - 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.

+ - 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.

+ - 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.

+ - 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 can be heard.

+ - 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.

+ - What is a professional service (chargeback) fee?

For some types of development reviews, the Town charges the applicant for the time spent by the Town engineer, attorney, planner, or other professional in reviewing their application. In that way, Town taxpayers aren't paying for the cost of development activities. Invoices are mailed to the applicant as the Town incurs such costs.

+ - What is a determination of completeness?

When we receive a development application, staff will review the materials to make sure the application submittal is complete and ready for formal review. If an application submittal is not complete, staff will notify the applicant and describe the parts that are not complete.

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.

+ - 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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Zoning Code | Permit Center | Variance