What Is a Zoning Variance in Wisconsin?

A zoning variance in Wisconsin allows a property owner to deviate from a specific zoning requirement — such as a setback distance, lot coverage limit, building height, or parking requirement — when strict compliance would create an unnecessary hardship. Variances are governed by Wisconsin Statute § 62.23(7)(e) for cities and § 59.694 for counties. They are decided by the municipality's Board of Zoning Appeals (BZA) or Board of Adjustment. To obtain a variance, you must demonstrate that the property has unique physical characteristics (irregular lot shape, topography, existing structures) that make strict compliance unreasonably difficult, and that granting the variance will not harm neighboring properties or conflict with the public interest. Mere financial hardship or personal inconvenience is generally not sufficient. Wisconsin courts have interpreted the hardship standard strictly, so not all variance requests are granted. The process involves submitting an application with supporting documentation, paying a fee ($200–$1,000), and attending a public hearing where you present your case. Neighboring property owners are notified and may comment or object. The BZA votes to approve, deny, or approve with conditions. The process typically takes 1 to 3 months. If denied, you can appeal to circuit court. If approved, the variance runs with the land and does not expire. Common variance requests in Wisconsin involve side-yard setbacks for older homes, front-yard setbacks on non-conforming lots, and parking requirement reductions for commercial properties.

Check Your Municipality

Permit requirements, fees, and exemptions vary by municipality. Verify the specifics for your location.