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City of Madison Development Services Center
Image: Land Development

Variances: Land Development

Contact: Email Zoning Phone Number (608) 266-4551
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:

  1. 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

  2. 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.

  3. 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.

  4. 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