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Board of Zoning and Appeals Application Procedure

  1. City of Whitewater

    Municipal Building
    312 W. Whitewater St
    Whitewater, WI 53190


  2. Board of Zoning Appeals Application Procedure
  3. Notice

    The Board of Zoning Appeal meetings are scheduled on the 4th Thursday of the month. All complete plans must be in by 9:00 a.m. Monday prior to the 1st Thursday of the month.  If not, the item will be placed on the next available Board of Zoning Appeal meeting.

  4. PLEASE COMPLETE THE FOLLOWING APPLICATION
  5. Refer to Chapter 19.72 of the City of Whitewater Municipal Code of Ordinances, entitled BOARD OF ZONING APPEALS, for more information on the application.
    1. Site plan, including location and dimensions of all buildings, parking, loading, vehicle and pedestrian circulation, signs, walls, fences, other structures, outdoor storage areas, mechanicals, and dumpsters.  Adjacent streets and uses and methods for screening parking, loading, storage, mechanical, and dumpsters areas should be shown. Statistics on lot area, green space percentage, and housing density should be provided.  The Plan Commission encourages compliance with its adopted parking lot curbing policy.
    2. Natural Features Inventory map, showing the existing limits of all water bodies, wetlands, floodplains, existing trees with trunks more than 4 inches in diameter, and any other exceptional natural resource features on all or part of the site.
    3. Landscape Plan, prepared by a professional, and showing an overhead view of all proposed landscaping and existing landscaping to remain.  The species, size at time of planting, and mature size should be indicated for all plantings.   Areas to be left in green space should be clearly delineated.  The Plan Commission encourages compliance with its adopted landscaping guidelines, available from the Zoning Department.
    4. Grading and drainage plan, meeting the City's stormwater management ordinance if required.  The plan should show existing and proposed surface elevations on the site at two foot intervals or less, and proposed stormwater management improvements, such as detention/retention facilities where required.  Stormwater calculations may be required.
    5. Utilities plan, showing locations and sizes of existing and proposed connections to sanitary sewer, water, and storm sewer lines, along with required easements.  Sampling manholes may be required for sanitary sewer.  The City's noise ordinance must be met.
    6. Building elevation, showing the dimensions, colors, and materials used on all sides of the building.  The Plan Commission encourages variety and creativity in building colors and architectural styles, while respecting the character of the surrounding neighborhood.
    7. Sign plan, meeting the City's sign ordinance, and showing the location, height, dimensions, color, materials, lighting and copy area of all signage.
    8. Lighting plan, meeting the City's lighting ordinance, and showing the location, height, type, orientation and power all proposed outdoor lighting both on polies and on buildings.  Cut sheets and photometric plans may be required for larger projects.
  6. 1 full set, 15 11 x 17 and 1 Electric Copy (color copies if possible) should be submitted. All plans should be drawn to a scale of not less than 50 feet to the inch; represent actual existing and proposed site conditions in detail; and indicate the name, address, and phone number of the applicant, land owner, architect, engineer, landscape designer, contractor, or others responsible for preparation. it is often possible and desirable to include two or more of the about 8 plans on one map. the Zoning Administrator or Plan and Architectural Review Commission may request more information, or may reduce the submittal requirements. If any of the about 8 plans is not submitted, the applicant should provide a written explanation of why it is not submitted.
  7. TO: THOSE REQUESTING A VARIANCE OF ZONING REQUIREMENTS
  8. FROM: THE BOARD OF ZONING APPEALS
  9. THINGS YOU WILL HAVE TO PROVE TO BE GRANTED A VARIANCE

    The Board of Zoning Appeals has the power "to hear and grant applications for variances as will not be contrary to the public interest where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit and purposes of the ordinance shall be observed and the public safety, welfare and justice secured."  USE VARIANCES WILL NOT BE GRANTED

  10. FINDINGS PREREQUISITE TO GRANTING A VARIANCE

    No variance to the provisions of this title shall be granted by the Board unless it finds beyond a reasonable doubt that ALL of the following facts and conditions exist, and so indicates in the minutes of its proceedings:

    A.  The particular physical surroundings, shape, or topographical conditions of the specific property involved would result in a practical hardship upon the owner as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;

    B.  The conditions upon which the application for a variance is based would be applicable generally to other property within the same zoning classifications; 

    C. The purpose of the variance is not based exclusively upon a desire for economic or other material gain by the applicant or owner;

    The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.

    Please consider the above items in presenting your oral testimony, for a lack of such testimony may result in denial of the variance.


    All questions in the application must be answered.

  11. Agent or Representative Assisting in the Application (Engineer, Architect, Attorney, Etc.)
  12. Existing and Proposed Uses
  13. Have you been granted any variances in the past, on any properties, whether fully or partially owned by you.*
  14. Plans to Accompany Application

    Applications for permits shall be accompanied by drawings of the proposed work, drawn to scale, showing, when necessary, floor plans, sections, elevations, structural details, computations and stress diagrams as the building inspector may require.

  15. Plot Plan

    When required by the building inspector, there shall be submitted a plot plan in a form and size designated by the building official for filing permanently with the permit record, drawn to scale, with all dimension figures, showing accurately the size and exact location of all proposed new construction and it's relationship to other existing or proposed buildings or structures on the same lot, and other buildings or structures on adjoining property within 15 feet of the property lines.  In the case of demolition, the plot plan shall show the buildings or structures to be demolished and the buildings or structures on the same lot that are to remain.

  16. STANDARDS

    The following are Standards that the City of Whitewater Zoning Ordinance sets for decisions on variances.  Explain how your proposal meets these standards.

  17. CONDITIONS

    The City of Whitewater Zoning Ordinance authorizes the Board of Zoning and Appeals to place conditions on approved variances.  Please keep this in mind & supply ALL pertinent information.

  18. AGREEMENT OF SERVICES
  19. REIMBURSABLE BY THE PETITIONER/APPLICANT.

    The City may retain the services of professional consultants (including planners, engineers, architects, attorneys, environmental specialists, recreation specialists, and other experts) to assist in the City's review of a proposal coming before the Plan Commission, Board of Zoning Appeals and/or Common Council.  The submittal of a development application or petition by a Petitioner shall be construed as an agreement to pay for such professional review services applicable to the proposal.  the City may apply the charges for these services to the Petitioner and/or property owner.  The City may delay acceptance of the application or petition as complete, or may delay final approval of the proposal, until the Petitioner pays such fees. Review fees which are applied to the Petitioner, but which are not paid, may be assigned by the City as a special assessment to the subject property. The Petitioner shall be required to provide the City with an executed copy of the following form as a prerequisite to the processing of the proposed application (Architectural Review, B.Z.A., Planning, Zoning Change):


  20. the applicant/petitioner for
  21. Agrees that in addition to those normal costs payable by an applicant/petitioner (e.g. filing or permit fees, publication expenses, recording fees, etc.), that in the event the action applied or petitioned for requires the City of Whitewater, in the judgement of its staff, to obtain additional professional service(s) (e.g. engineering, surveying, planning, legal) than normally would be routinely available "in house" to enable the City to properly address, take appropriate action on, or determine the same, applicant/petitioner shall reimburse the City for the costs thereof.
  22. APPLICATION FEES

    (to be completed by City Staff)

  23. Fee for Variance application-$200.00
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