How to Obtain a Variance
When: Your project can not meet the dimensional requirements of the zoning code. You may need to reduce the required yard size, setbacks, or parking spaces.
Why: Zoning law assures you and your neighbors that any new development or design changes to adjacent properties will not adversely affect your enjoyment in and use of your property.
Step 1 Set up a meeting with the Zoning Administrator. The Zoning Administrator will review the procedures for a variance with you. The request should meet the following criteria:
- There shall be an extraordinary circumstance which creates an unnecessary hardship.
- The property is unique in nature preventing standard development.
- The proposal is not detrimental to the public.
- The proposal is not strictly for profit.
- The variance does not undermine the spirit of the ordinance.
Step 2 Submit plans, application and fees to the Zoning Administrator. The information shall be submitted at least one week prior to the Zoning Board of Appeals meeting. The Board of Appeals meets on an as needed basis.
- Site Plan - A Site Plan of the Property needs to be submitted
- Letter of Intent - The letter shall include a written description of the proposed variance describing the actual modifications. The letter shall also state why the variance is justified.
- Application and Fees - Application fee of $150.00
Step 3 The City of Waupun will post a Class 1 notice in the local newspaper notifying the public of the proposed variance. The City will also notify neighbors within 100 feet of the subject property.
Step 4 The Board of Appeals will hold a hearing open to the public. The public will have a chance to state their opinion on the proposed variance. The Board of Appeals will have the applicant present testimony for the justification of the request. The Board will make a decision on the request based on testimony, staff recommendations, and decisions made on similar cases.
Step 5 The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination appealed from or to decide in favor of the applicant or any matter on which it is required to pass or to effect a variance.