Wisconsin Affidavit of Ownership to be Attached to Application to a Zoning Board for Variance from Zoning Restriction

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Description

Zoning is a government-imposed restrictions on the use that may be made of land.
For example, a municipality may adopt a zoning ordinance that permits the construction of only single-family houses in a designated portion of the city. Zoning is used to plan future community growth and to ensure reasonable, orderly development. A variance is an exception granted by an administrative agency such as a zoning board that permits a use of property that is inconsistent with an existing zoning ordinance.


This form is a generic example that may be referred to when preparing such a form for your particular community. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

What does variance mean in zoning? A variance is a specific waiver a property owner can use to make changes to their land that otherwise would go against local zoning ordinances.

The answer to the question then is that spot zoning is perfectly legal.

Two pitfalls that cities must be careful to avoid in zoning are ?spot zoning? and ?contract zoning.? ?Spot zoning? is the illegal practice of zoning a single tract of land in a manner that is incompatible with the surrounding area and in a manner that is incompatible with the city's zoning ordinance and comprehensive ...

In Conshohocken Borough v. Conshohocken Borough Zoning Hearing Board, 261 A. 3d 582 (Cmwlth. Ct., 2021), decided on August 16, 2021, the Commonwealth Court, the Pennsylvania appellate court which handles zoning appeals, ruled that an amendment to Conshohocken's Zoning Ordinance (ZO) was unlawful spot zoning.

"Area variance' shall mean the authorization by the zoning board of appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations."

A variance is a request to deviate from current zoning requirements. If granted, it permits the owner to use the land in a manner not otherwise permitted by the zoning ordinance. It is not a change in the zoning law. Instead, it is a specific waiver of requirements of the zoning ordinance.

Spot zoning in real estate occurs when a small piece of land within a residential subdivision is zoned for use other than residential use. This can cause problems because residents may want the area to be allocated for residential use only.

Spot zoning is not necessarily illegal but must be judged on individual circumstances. To determine whether spot zoning is legal, the courts look at the purpose for which the zoning is granted.

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Wisconsin Affidavit of Ownership to be Attached to Application to a Zoning Board for Variance from Zoning Restriction