Appeals & Hearings

An application (PDF), in cases in which the Board has original jurisdiction, may be taken by any property owner, including a tenant, or by a government officer, department, board or bureau. Such application shall be filed with the Zoning Inspector, who shall transmit it to the Board.

Submitting an Application
You must submit your application (PDF) to the Community Development Department along with the appropriate $100 application fee. After the Zoning Inspector reviews your application, you will be placed on the agenda for the next available Board of Zoning Appeals meeting. The Agenda is also posted on the web approximately 1 week in advance.

Notice
Before a variance can be granted, the Board of Zoning Appeals must find that all of the facts apply to Finding of Facts (PDF).

Appeals
  • An appeal to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the Zoning Inspector.
  • Such appeal shall be taken within 20 days after the decision, by filing with the Zoning Inspector and with the Board, a notice of appeal specifying the grounds thereof.
  • The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
  • Attendance of the applicant or a representative is required at the hearing.
Issues Heard by the Board of Zoning Appeals
  • Administrative Review
  • Certain Conditional Use Permits
  • Conditional Industrial Uses in a M-2 District
  • Interpretation of the Zoning Map
  • Substitution of Nonconforming Uses
  • Temporary Structures and Uses
  • Variances from the Terms, Provisions, or Requirements of the Zoning Code
Decisions of the Board
The Board of Zoning Appeals will decide all applications and appeals within 45 days after the hearing. Decisions become final 5 days after the date the decision was made, unless the Board finds it necessary for the decision to take effect immediately to preserve personal rights or property.

Meeting Procedures
  1. A Planning Department staff member will explain the issue to the Board.
  2. The applicant will be allowed to make whatever comments he or she feels will be pertinent to the request.
  3. Anyone else in attendance may comment on the request.
  4. Following all public comment, the Board will discuss and vote on the request.
Appeal of Proceedings
Any person or persons effected by the decision of the Board of Zoning Appeals, any taxpayer, or any officer, department, board or bureau of the City of Waukesha may present to a court of record a petition, duly verified, stating how the decision is illegal in whole or in part.

More Information
For more information, see the Section 22.680 Zoning Appeals, Variances, and Exceptions Section 22.680 of the Zoning Code.