Apartment buildings along rail ways
Development Services Center
  1. Building Inspection Counter Appointments

    Building Inspection plan review and zoning review counters will be open to the public by appointment only.

Zoning Variances

Zoning laws govern how private property can be used and developed. The zoning code ensures that development or changes to property will not adversely affect the enjoyment and use of others' property.

Variances are exceptions to those laws. If your proposed project cannot meet zoning code requirements due to existing unique conditions on your property, such as the shape or topography of the property, in some circumstances a zoning variance can be granted.

To obtain a zoning variance, you must establish that meeting zoning requirements would be a hardship or unnecessarily burdensome. The below standards must be met for a variance to be granted:

  1. There are conditions unique to the property of the applicant that do not apply generally to other properties in the district.
  2. The variance is not contrary to the spirit, purpose, and intent of the regulations in the zoning district and is not contrary to the public interest.
  3. For a use variance, compliance with the strict letter of the ordinance will result in no reasonable use of the property.
  4. For an area variance, compliance with the strict letter of the ordinance would unreasonably prevent use of the property for a permitted purpose or would render compliance with the ordinance unnecessarily burdensome.
  5. The alleged difficulty or hardship is created by the terms of the ordinance rather than by a person who has a present interest in the property.
  6. The proposed variance shall not create substantial detriment to adjacent property.
  7. The proposed variance shall be compatible with the character of the immediate neighborhood.
  8. In the floodplain districts, the variance shall not cause any increase in the regional flood elevations or profiles, permit a lower degree of flood protection in the floodplain than the flood elevation, allow any floor, basement or crawlway below the regional flood elevation, allow actions without the required amendments nor have the effect of allowing or expanding a use or building which is prohibited in the zoning district.
  9. In the floodplain districts, the lot for which the variance is requested, shall be less than one-half (1/2) acre and shall be contiguous to existing structures constructed below the regional flood elevation.
  10. In floodplain districts, the variance shall not increase costs for rescue and relief efforts.

Process Overview

  1. Discuss with City Zoning

    Meet with the Zoning staff before submitting your application. Zoning staff can review your project and discuss the likelihood of obtaining a zoning variance. Contact Zoning staff at (608) 266-4551 ext 3 or zoning@cityofmadison.com.

    Find out the zoning for your property.

    Review the zoning code (Chapter 28).

  2. Submit Application

    Submit your zoning variance application packet to the Zoning staff at zoning@cityofmadison.com.

    What to Include

    • A completed Variance Application, including the fee. Please refer to page five in the application for more requirements.
    • Two copies of the present and proposed building elevation, floor plan and site plan drawn to scale.
    • For lakefront properties, a survey prepared by a registered land surveyor is required. The survey must show existing setbacks to the Ordinary High Water Mark of buildings on adjacent lots.

  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 Variance Application).

    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

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