City of Manitowoc - Permit Center

Variance

Description Development projects in the City need to comply with a variety of standards in the zoning regulations. Sometimes, dimensional standards, such as building setbacks from lot lines, can have the effect of prohibiting or severely restricting the use of a particular property. In those instances, a property owner can submit a variance application.

Variances are reviewed on a case-by-case basis by the Board of Appeals. In determining whether to approve or deny the petitioner’s application, the Board of Appeals must consider prior court precedent, state statutes, and the City's zoning regulations.

The petitioner has the burden of proof during the review process (i.e., the application and during the public hearing) to clearly demonstrate the variance being requested is unique to the subject property, the current or a prior property owner did not create the situation giving rise to the request (i.e., not self-created), the variance, if granted, will not be contrary to the public interest.

Decisionmaker The Board of Appeals makes the final decision.

Appeals The Board's decision can be appealed to the circuit court within 30 calendar days of the date of the decision.

Application Fee

There is no fee

Frequently Asked Questions

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

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

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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 and apply to all subsequent property owners.

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

No. The members on the Zoning 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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The Zoning 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 Zoning 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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Can a decision of the Zoning 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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If I submit an application and it is not approved, can I get my application fee back?

Application fees are not refundable. They are intended to cover the costs necessary to review the application.

Primary Staff Contact

Paul Braun, City Planner

(920) 686-6930

[email protected]

About Reviewers

The following are involved in the review of this type of application.

The Zoning Board of Appeals includes 5 members and 2 alternates who are appointed by the Mayor. (verify) The board reviews variance applications and administrative appeals.

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Everyone involved in reviewing development projects help ensure they align with City regulations and long-term planning goals to foster positive growth and development.

Below are the ways we notify the public when someone submits this type of application. (ID: 207)

Meeting Agenda. Meeting agendas are considered a form of public notice because they provide advance information about the topics a public body will review and may take action on during a meeting.

Mailed Notice A written notice is mailed to all property owners within 300 feet of the subject property. The notice informs nearby residents of the proposed application and provides information on how to participate in the process.

Published Notice A formal notice is published in the municipality’s official newspaper as required by state law. This notice includes key details about the proposed application, such as the type of request, the applicant, location, and the date/time of the public hearing.

ZoningHub The application and related documents are posted on the City's ZoningHub site on the Pending Applications page. This digital posting ensures 24/7 public access to information and may include the petitioner's application, staff reports, dates for upcoming meetings, decision documents, and more.

In addition, we'll notify eAlert subscribers on the first day the application is first posted online.

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Zoning Code Portal | Permit Center | Variance

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Manitowoc (Proposed Code)

Zoning Code Portal | Permit Center | Variance