Description of work to be done:
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Certified letters MUST be mailed to adjoining property owners (includes owners of real estate at corners,
across streets, alleys or easements as well as others who may share a common boundary at least ten (10)
days prior to the meeting and mailing stubs along with green certified receipts shall be presented to the
Plan Commission office at least one (1) working day prior to hearing.
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(Date) (Signature of Applicant)
City of Madison Zoning Ordinance
Variance definition – A modification of the strict terms of the relevant regulations of this ordinance
where such modification will not be contrary to the public interest and where, owing to conditions
peculiar to the property and not the result of the action of the applicant, a literal enforcement of this
ordinance and regulations would result in unnecessary and undue hardship.
A narrative/explanation addressing each of the seven (7) items in Section 11.35 MUST be submitted with this
application.
Section 11.35 -
The Board of Zoning Appeals shall approve or deny variances from the development standards of the zoning
ordinance. A variance may be approved under this section only upon a determination that:
1. The approval will not be injurious to the public health, safety, morals, and general welfare of the
community.
2. The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner; and
3. The strict application of the terms of the zoning ordinance will result in practical difficulties in the use
of the property.
4. How will not be contrary to public interest
5. Conditions peculiar to the property
6. The peculiarities to the property are not the result of the applicant.
7. The unnecessary and undue hardship.
If requesting a setback variance, a site plan showing setbacks from all four (4) property lines for new
structure and all existing structures MUST be included with application!!!
Section 1l.36 – APPLICATION FOR VARIANCES FROM DEVELOPMENT STANDARDS
A variance from development standards of the Zoning Ordinance shall not be granted by the Board of Zoning
Appeals unless and until written application for a variance from development standards is submitted to the
Building Inspector and the Board of Zoning Appeals
Section 11.37 – SUPPLEMENTARY CONDITIONS AND SAFEGUARDS
Under no circumstances shall the Board of Zoning Appeals grant an appeal for variance to allow a use not
permissible under the terms of this ordinance in the district involved, or any use expressly or by implication
prohibited by the terms of this ordinance in said district. In granting any appeal or variance, the Board of
Zoning Appeals may prescribed appropriate conditions and safeguards in conformity with this ordinance.
Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance
is granted, shall be deemed a violation of this ordinance and punishable under Section 11.50 of the Zoning
Ordinance.
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