Village of Richfield - Permit Center

Variance

Description: Recognizing that there may be situations where a zoning regulation that, if enforced, would cause unnecessary hardship to individual landowners, the state legislature established a mechanism to allow a Village to issue a variance in those instances where a minor deviation would be appropriate to alleviate a hardship without circumventing or undermining the intent of the Village's zoning regulations. Procedures and requirements are found in Section 170.700 of the zoning code.

Initiation: The owner of the subject property may submit an application for a variance.

Decision maker(s): Board of Zoning Appeals

Basis of decision:To grant a variance, all of the following facts and conditions must exist:

Unnecessary hardship. Strict compliance with the zoning regulation(s) from which the variance(s) is/are being sought would create a practical difficulty or be unreasonably burdensome to the property owner in terms of severely limiting or prohibiting the reasonable use of the subject property as intended under the zoning ordinance and when compared to surrounding properties.
Unique property limitations. The unnecessary hardship is due to unique or special conditions or limitations affecting the subject property and/or structure that are not typical or generally shared by other surrounding properties.
Public interest. If granted, the variance(s) must not be contrary to the public interest by creating or having the potential for creating an adverse impact on the public health, safety, or welfare of adjoining and surrounding residents, properties or the community.

Review process:

Submittal of application materials. The applicant shall submit a completed application and other required materials to the zoning administrator along with the application fee as may be established by the Village Board.
General notice. The zoning administrator publishes a class 2 public notice and sends out notices to all property owners within 300 feet of the subject property.
Staff report preparation and distribution. The zoning administrator prepares a written staff report and provides a copy to each member of the Zoning Board of Appeals and the applicant.
Public hearing. Allowing for proper notice, the Zoning Board of Appeals holds a public hearing.
Decision. After the public hearing has been closed, the Zoning Board of Appeals after considering the comments and the staff report shall make a decision based on the decision criteria to (1) approve the variance, (2) approve the variance with conditions, or (3) deny the variance.
Preparation of decision notice. Based on the action of the Zoning Board of Appeals, the zoning administrator shall prepare a decision notice consistent with this division.
Applicant notification. Within a reasonable time following the Zoning Board of Appeals’ decision, the zoning administrator shall mail the decision notice to the applicant by regular mail.
Public record copy. A duplicate copy of the decision notice shall be retained as a public record.

This description of the review process is intended to highlight the key steps. Please refer to the zoning code for a complete description of the process and related requirements.

Application Fee

$455

Upcoming Meetings

There are no upcoming dates at this time.

Application Materials

Board of Zoning Appeals Application

Statistics

Submit Application

Are you Ready?

Do you have a PDF of your completed application form and other required materials?

Yes No

If no, the application form is posted on this page.

Frequently Asked Questions

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What happens to a variance when the property is sold?

Variances run with the land. This means that a variance will continue in effect as the property is transferred from one owner to the next. All terms and conditions of the variance remain unchanged.

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The board of appeals just granted a variance similar to the one that I will be requesting. Can I assume my application will be approved as well?

Not necessarily. The board of appeals must apply a set of criteria based on the particular circumstances of the request. Because no two zoning cases are exactly the same, the outcomes may be quite different.

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If a dimensional variance is granted to allow the construction of a building, is such building then considered a nonconforming structure?

Yes. All rules and regulations that apply to nonconforming structures will apply.

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Can I contact one or more of the members serving on the Board of Appeals to run some ideas by them? It would certainly help me prepare my application.

No. The members on the Board of Appeals are similar in many respects to a judge. They hear and evaluate evidence in a public forum and render a decision within the context of local, state, and, in some cases, federal law. This is referred to as a "quasi-judicial" decision. It is not proper for anyone - the applicant, a proponent, or an opponent - to contact a board member regarding a potential or pending application. Because these private conversations, referred to as "ex parte communication" should not occur, all parties can be assured of an unbiased proceeding, even if they do not agree with the outcome.

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Can a decision of the Board of Appeals be appealed?

Yes; appeals are made to the circuit court and generally must be filed with the court soon after the decision has been made.

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The review process for a development application includes a public hearing. What's that?

A public hearing is intended to allow the petitioner the opportunity to describe their proposed project and interested parties the opportunity to share their concerns with the reviewing authority. While all public comments are welcome, speakers should focus on those elements of the project that are within the review authority's scope of authority. Consistent with established policies, public comments may be limited in duration to make sure everyone can be heard.

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What is a determination of completeness?

When we receive a development application, staff will review the materials to make sure the application submittal is complete and ready for formal review. If an application submittal is not complete, staff will notify the applicant and describe the parts that are not complete.

A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

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Village of Richfield, WI

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