Village of Mukwonago - Proposed - Permit Center

Variance

Description Development projects in the Village 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 Zoning and Building Appeals. In determining whether to approve or deny the petitioner’s application, the Board must consider prior court precedent, state statutes, and the Village'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 (1) the variance being requested is unique to the subject property; (2) the current or a prior property owner did not create the situation giving rise to the request (i.e., not self-created); and (3) the variance, if granted, will not be contrary to the public interest.

Decisionmaker The Board of Zoning and Building Appeals makes the final decision

Appeals The Board's decision can be appealed to circuit court.

Application Fee

$475, plus chargebacks

Upcoming Meetings

There are no upcoming dates at this time.

Frequently Asked Questions

+ -

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.

+ -

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

No. The members on the Board of Zoning and Building 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 don't agree with the outcome.

+ -

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 chargeback fee?

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

+ -

The Board of Zoning and Building 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 Zoning and Building 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 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.

View all Frequently Asked Questions

About Reviewers

The following are involved in the review of this type of application.

The Board of Zoning and Building Appeals includes 5 members and 2 alternates who are appointed by the Village President. The board reviews variance applications and administrative appeals.

Planning staff provides technical support to the Village Board, Plan Commission, Historic Preservation Commission, Board of Zoning and Building Appeals, developers, neighbors, and other interested parties to facilitate the development review process.

_______________________________

Everyone involved in reviewing development projects help ensure they align with Village regulations and long-term planning goals to foster positive growth and development.

All of the zoning regulations on this site (text & map) are for a proposed zoning code rewrite project. Everything is in draft form and may not be complete. Got it!

Zoning Code Portal | Permit Center | Variance

All of the zoning regulations on this site (text & map) are for a proposed zoning code rewrite project. Everything is in draft form and may not be complete. Got it!

Proposed - Village of Mukwonago

Zoning Code Portal | Permit Center | Variance