Town of Trenton - Permit Center

Variance

Description Development projects in the town need to comply with a variety of standards in the zoning regulations. Sometimes, dimensional standards, such as building setbacks from lot lines, can have the effect of prohibiting or severely restricting the use of a particular property. In those instances, a property owner can submit a variance application.

Variances are reviewed on a case-by-case basis by the Board of Appeals. In determining whether to approve or deny the petitioner’s application, the Board of Appeals must consider prior court precedent, state statutes, and the Town’s zoning regulations.

The petitioner has the burden of proof during the review process (i.e., the application and during the public hearing) to clearly demonstrate the variance being requested is unique to the subject property, the current or a prior property owner did not create the situation giving rise to the request (i.e., not self-created), the variance, if granted, will not be contrary to the public interest.

Decisionmaker The Board of Appeals makes the final decision.

Appeals The Board's decision can be appealed to circuit court.

Application Fee

$100 plus $2,500 for escrow

Submittal Deadline

Please contact the Zoning Administrator to schedule a meeting with the Board of Appeals.

Application Materials

Vaiance application

Frequently Asked Questions

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If a dimensional variance is granted to allow the construction of a building, is that building then considered a nonconforming structure?

Yes. All rules and regulations that apply to nonconforming structures will apply.

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What happens to a variance when the property is sold?

Variances run with the land. This means that a variance will continue in effect as the property is transferred from one owner to the next. All terms and conditions of the variance remain unchanged and apply to all subsequent property owners.

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Can a decision of the Board of Appeals be appealed?

Yes; appeals are made to the circuit court and generally must be filed with the court soon after the decision has been made.

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Can I contact one or more of the members serving on the Board of Appeals to run some ideas by them? It would certainly help me prepare my application.

No. The members on the Board of Appeals are similar in many respects to a judge. They hear and evaluate evidence in a public forum and render a decision within the context of local, state, and, in some cases, federal law. This is referred to as a "quasi-judicial" decision. It is not proper for anyone - the applicant, a proponent, or an opponent - to contact a board member regarding a potential or pending application. Because these private conversations, referred to as "ex parte communication" should not occur, all parties can be assured of an unbiased proceeding, even if they do not agree with the outcome.

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The Board of Appeals just granted a variance similar to the one that I will be requesting. Can I assume my application will be approved as well?

Not necessarily. The Board of Appeals must apply a set of criteria based on the particular circumstances of the request. Because no two zoning cases are exactly the same, the outcomes may be quite different.

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What is the escrow fee used for?

The Town of Trenton has determined that developers…..

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If I submit an application and it is not approved, can I get my application fee back?

Application fees are not refundable. They are intended to cover the costs necessary to review the application.

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What is a professional service (chargeback) fee?

For some types of development reviews, the Town charges the applicant for the time spent by the Town engineer, attorney, planner, or other professional in reviewing their application. In that way, Town taxpayers aren't paying for the cost of development activities. Invoices are mailed to the applicant as the Town incurs such costs.

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Primary Staff Contact

Cindy Komro, Zoning Administrator/Deputy Clerk

262.675.6009 x106 (office) 262.290.0154 (mobile)

[email protected]

About Reviewers

The following are involved in the review of this type of application.

The Zoning Board of Adjustment includes 5 members and 2 alternates who are appointed by the Town Chair. The board reviews variance applications and administrative appeals. (CK proof)

The Zoning Administrator provides technical support to the Town Board, Plan Commission, Zoning Board of Appeals, developers, neighbors, and other interested parties to facilitate the development review process. (CK proof)

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Zoning Code Portal | Permit Center | Variance