How the process works - Applying for a Variance

Step 1: Applying for a variance

A variance allows a property to be used in a manner that is not permitted by the zoning code.  To qualify for a variance, an applicant has the burden of proof to demonstrate at a public hearing before the Board of Appeals the following:

1. Unnecessary hardship due to the unique physical limitations of the property and not the particular circumstances of the applicant. The unnecessary hardship must not be self-imposed by the applicant or prior owners of the property. Further, economic loss or financial hardship cannot serve as the basis for justifying a variance.
2. The variance will not create a detriment to an adjacent or neighboring property, and will not be contrary to the public interest or public safety.

Step 2: Prepare your application and supporting plans and materials

The application can be picked up at the City Clerk’s Office or found below.

Step 3: City staff will process your application and forward it to Board of Appeals

Once it is determined that you have submitted sufficient information to proceed to a hearing, you will be placed on the next available agenda.  The Board of Appeals meets on the first Thursday of each month at 6:00 pm at City Hall, 11333 N. Cedarburg Road.

Step 4: A public hearing is held

At the public hearing, the Board will review submitted materials, staff reports, and any written letters or comments that the Board has received. The Board will take oral testimony from the applicant, City staff and any interested parties at the public hearing. As a general rule, all of the Board's hearings are open to the public and the public is invited to attend any session of the Board of Appeals.

Step 5: The Board will render a verbal decision and will provide a written decision

After the hearing, a copy of the written decision will be mailed to you according to City of Mequon ordinance section 58-41(g).If your appeal is denied by the Board, you have the right to appeal to Circuit Court within 30 calendar days of the date of the written decision.

Note: If you have questions regarding whether going to the Board of Appeals is your best course of action, appeals to the Circuit Court, or the effect of a Board of Appeals decision, please contact legal professionals.