Board of Zoning Appeals

An application , in cases in which the Board has original jurisdiction, may be taken by any property owner, including a tenant, or by a government officer, department, board or bureau.  Such application shall be filed with the Zoning Inspector, who shall transmit it to the Board.

 

You must submit your application to the Community Development department along with the appropriate $100.00 application fee.  After the Zoning Inspector reviews your application, you will be placed on the agenda for the next available Board of Zoning Appeals meeting. The Agenda

 

is also posted on the web approximately one week in advance.

 

PLEASE NOTE : Before a variance can be granted the Board of Zoning Appeals must find that all of the facts apply to FINDING OF FACTS.

APPEALS
An appeal to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the Zoning Inspector.  Such appeal shall be taken within 20 days after the decision, by filing with the Zoning Inspector and with the Board, a notice of appeal specifying the grounds thereof.   The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

ATTENDANCE OF THE APPLICANT
OR A REPRESENTATIVE IS REQUIRED !

To download a Board of Zoning Appeals application CLICK HERE

Zoning Appeals, Variances, & Exceptions Section 22.680 of the Zoning Code

 Issues heard by the Board of Zoning Appeals

  • Certain Conditional Use Permits
  • Substitution of Nonconforming Uses
  • Conditional Industrial Uses in a M-2 District
  • Temporary Structures and Uses
  • Interpretation of the Zoning Map
  • Administrative Review
  • Variances from the Terms, Provisions, or Requirements of the Zoning Code
Frequently Asked Questions

Who Can Bring Cases Before the Board of Zoning Appeals?   
Any of the following within the City of Waukesha: Property Owner

  • Tenant
  • Officer
  • Department
  • Board
  • Bureau of the City of Waukesha

What are the requirements for Submission?

  • Application 
  • Fee
  • Other

* An additional form is need if a business is operated out of a home.
** Consult Planning Department before submission

Are there any additional requirements of an Appeal?

1. Copy of the decision or order by the building inspector
2. Statement of principle points on which the appeal is based
3. Plans showing requested variance

What is involved in the Application Procedure?

Application forms are available from the Planning Department or the Department of Building Inspection and are filed with the Planning Department. The Planning Department will present the application to the Board of Zoning Appeals.

When and where are the hearings? Hearings are held the 1st Monday of every month at 3:30 in City Hall, unless notified. Public notice will be published and neighbors notified ten days before the meeting. Because City of Waukesha does not have the name and address of town residents on file, the town government will be notified if neighboring properties are in one of the surrounding townships. Any interested party or township resident can be notified by leaving a self addressed stamped envelope. Attendance by the applicant or a representative is required.

Decisions of the Board - explanation. The Board of Zoning Appeals will decide all applications and appeals within 45 days after the hearing. Decisions become final five days after the date the decision was made, unless the Board finds it necessary for the decision to take effect immediately to preserve personal rights or property.

At the meeting, a Planning Department staff member will explain the issue to the Board, after which the applicant will be allowed to make whatever comments he or she feels will be pertinent to the request.  Then anyone else in attendance may comment on the request.  Following all public comment, the Board will discuss and vote on the request.

Appeal of Proceedings - explanation. Any person or persons effected by the decision of the Board of Zoning Appeals, any taxpayer, or any officer, department, board or bureau of the City of Waukesha may present to a court of record a petition, duly verified, stating how the decision is illegal in whole or in part.

What are the fees?
    • $100 for Renewal of a Conditional Use
    • $100 for All Other Items

If applicable, fees for the services of specialists referred by the Board of Zoning Appeals to advise whether the proposed use will conform to performance standards specified in section 22.59 in the Zoning Code .

 Click below for more information on:

Permits  Licenses Required  Code Illustrations
ADAAG  Housing  Zoning
Permit Fees  Codes   
State Certification