The Zoning code assures you and your neighbors that
any new development or design changes to your or
adjacent properties will not adversely affect your
enjoyment and use of your or your neighbor’s
property. Any changes to existing zoning requirements
prepared by a building architect need a careful review
of all factors to protect you and your neighbors [
City
Ordinance 28.12(8)].
If your proposed project can not meet
the existing zoning code requirements for
yard size or
setbacks due to the physical surroundings
and shape or topography of the property,
you may apply for a zoning variance.
Under some circumstances a zoning
variance may be possible.
One of the most requested variances is
for changing the yard setback to less than
that required by the zoning district. The Zoning Board of
Appeals can only
authorize 21 specific
types of variances.
They can not change
the zoning of your
property arbitrarily.
To obtain a zoning variance, you must establish that
to meet the existing zoning requirements would be a
hardship or practical difficulty.
PROCESS OVERVIEW:
Discuss with Zoning staff
Meet with the Zoning staff before submitting your
application. Zoning staff can review your project and
discuss the likelihood of obtaining a zoning variance.
Find out the zoning for your property
Where to go:
Department of Planning and Community & Economic Development
Madison Municipal Building
215 Martin Luther King Jr. Blvd., Suite LL 100
Madison, WI 53703
Hours: 7:30 a.m. to 4:30 p.m., Monday through Friday
Submit Zoning Variance Application
Submit your zoning variance application packet to the
Zoning staff.
What to include:
- A completed application form
- Two (2) copies of the present and proposed
building elevation, floor plan and site plan drawn
to scale.
- The $300 non-refundable fee payable to the City
of Madison Treasurer.
Zoning Board of Appeals Public Hearing
Zoning staff schedules a public hearing before the
Zoning Board of Appeals. Notice of the hearing is
sent to the applicant, the alderperson, and the owners
and residents of all property within 200 feet of the proposed variance. The hearing notice is also
published three times in the local newspaper. It is
important that you attend and give testimony at this
hearing (See Applicant Letter).
The Zoning Board of Appeals makes the final decision
on a zoning variance request. It may also impose
conditions and restrictions to protect the interests of
all parties. You may appeal through the courts if
your variance is denied.
Completion
If your variance request is approved,
you can apply for the necessary
construction permits.
Related Forms & Handouts
Have Questions?
Contact
Zoning - (608) 266-4551