Variance or Special Exception
WHEN: Your land use proposal or permit has been denied by the Waukesha County Department of Parks and Land Use – Planning and Zoning Division because it does not meet the numerical or dimensional requirements of the Waukesha County Zoning Code, Waukesha County Shoreland and Floodland Protection Ordinance, or the Waukesha County Airport Height Ordinance.
WHY: You wish to appeal to the Waukesha County Board of Adjustment (BOA) to vary the numerical or dimensional requirements of the Waukesha County Zoning Code or – Appendix A and B of the Waukesha County Code, or the Waukesha County Airport Height Ordinance, copies of which are available online and in the office of the Waukesha County Clerk.
WHO: The staff of the Waukesha County Department of Parks and Land Use – Planning and Zoning Division receives the application and schedules the public hearing with the BOA. See Staff Who Can Help.
HOW: Applicant must submit a complete application packet and fee to the Planning and Zoning Division Staff for review and scheduling.
A COMPLETE APPLICATION PACKET SHALL INCLUDE THE FOLLOWING:
- Appeal for Variance or Special Exception application form.
- Six (6) copies of a map, preferably an up to date plat of survey drawn to scale indicating the boundaries and dimensions of the property, location and dimension of all existing and proposed structures/buildings, and location, use, and dimensions of all structures/buildings on adjacent properties within fifty (50) feet, all abutting streets, the 100 year floodplain, and the OHWM.
- A set of building plans, including the floor plans, if applicable.
- A copy of the denial by the Planning and Zoning Division including the denied Zoning Permit, if applicable.
- Cost estimate, if applicable.
- A Grading Plan, if applicable
- Soil tests, if applicable.
- Elevation information, if applicable.
- A complete application packet and fee shall be submitted no later than seven (7) business days prior to the deadline to submit a notice of public hearing for the matter being applied for. PLEASE CONTACT THE POD FOR THIS DEADLINE and to discuss what constitutes a complete application. Ten to fourteen days is preferable to allow staff an appropriate amount of time to research and review the proposal prior to drafting the public hearing notice and meeting the newspaper noticing submittal deadline.
See Department of Parks and Land Use – Planning and Zoning Division Fee Schedule
VARIANCE OR APPEAL
- An appeal of a decision from the BOA must be made to the Circuit Court within thirty (30) days of the date of the BOA decision. Contact the Waukesha County Clerk of Courts to schedule an appeal.
- Applicant can anticipate the BOA process will take from four (4) to eight (8) weeks from the time of receipt of a complete application packet by the Planning and Zoning Division Staff.
- A Preliminary Site Evaluation by the Waukesha County Department of Parks and Land Use – Environmental Health Division is required for an addition, remodeling, or improvement made on an already developed lot, or a Sanitary Permit must be issued, if the property is not served by municipal sewer. Contact the Environmental Health Division for assistance. See Staff Who Can Help.
- A Storm Water Permit may be required from the Land Resources Division in accordance with the Waukesha County Storm Water Management and Erosion Control Ordinance.
- A Building Permit will be necessary from the local Building Inspector and/or Department of Commerce (DCOMM). Contact the local Building Inspector for assistance. See Coordinating Agencies.
- Any aggrieved party may appeal the decision of the Waukesha County Board of Adjustment, within (30) thirty days of the date of the decision.
- It may be necessary to apply for variances from the local Town Zoning Ordinance. Contact the Town Building Inspector. See Coordinating Agencies.
- Submittal of the application may include a site inspection.
- A flood study may be required.
- A Vegetation Plan may be required.
- An inspection of the site may also be required.