City of Green Bay
Department of Community and Economic Development
I:\DeptData\Planning\Board of Appeals\BOA Appealing for a variance - revised 12-2018.docx
Updated 12/2018
100 North Jefferson Street, Room 608, Green Bay, Wisconsin 54301-5026
(p) 920.448.3400 (f) 920.448.3426 greenbaywi.gov
Zoning & Planning Board of Appeals
Appealing for a Variance
General Directives
Typically, variances are requested when development of property is inconsistent with zoning codes. The
Zoning & Planning Board of Appeals has the power to hear and decide appeals where it is alleged there
is an error in any order, requirement, decision or determination made by an administrative official in the
enforcement of the city's zoning code. By state law (s. 62.23(7)(e)7., Wis. Stats.), the Board of Appeals is
given specific powers and responsibilities to hear these alleged errors.
The boa
rd has the power to grant variances when special conditions unique to a property will not allow
the property owner to meet the dimensional standards of the ordinance. To be granted a variance, the
property owner must show unnecessary hardship is caused by the ordinance. The board must
uphold the intent of the zoning ordinance and deliver substantial justice through its decision.
Hearing Dates & Filing Deadlines
The Board of Appeals meets the third Monday of each month starting at 5:30 p.m. in City Hall, 100 N
Jefferson Street, Room 604. For an appeal to be heard at any monthly hearing, an application must be
on file in the Department of Community and Economic Development office, City Hall, 100 N Jefferson
Street, Room 608, by 12:00 Noon on the first Tuesday of the month. The applicant must submit a
completed application, drawings, information, and non-refundable fee ($75 for Residential and $150 for
Commercial) with staff by the deadline to assure being placed on the agenda.
Application Requirements
An application shall be made on forms approved by the board and furnished from the Community and
Economic Development Department. Applications must be accompanied by a site plan drawing, (no
larger than 11 x 17 and drawn to scale) showing the location and size of the affected property, abutting
properties and public right-of-ways. Drawings must include existing improvements and proposed
changes to be implemented; as well as, illustrating those items which require a variance. The applicant
may provide additional information which is necessary to explain the application to the board members.
Failure to provide a completed application may be grounds for denial of the variance.
Postponing & Withdrawing Applications
If necessary, an applicant may postpone the hearing of an appeal provided it is received by staff in writing
prior to the hearing. The appeal will be postponed for one month or at a future meeting agreed upon by
the board. No appeal will be postponed beyond that specified date. An application for appeal may be
withdrawn provided it is received by staff in writing prior to the hearing date.
Appeal Hearing Rules
Each applicant (or a representative of the applicant) is required to attend the hearing or the appeal may
be denied by the board. In granting variances, the board may impose special conditions to ensure that
public interest and welfare will not be threatened. Variances granted by the board remain valid for one
year from the hearing date or as stipulated in the decision. If work to implement the variance has not
begun within that time, the variance shall expire requiring the board to re-approve the variance should
the applicant wish to implement the plan. No application which has been denied by the board shall be