Zoning & Conditional Use Permits.

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ZONING, CONDITIONAL USES, & VARIANCES

Zoning

The Village of Elkhart Lake had a major update of Chapter 16 Zoning in November 2010. There have been small changes since 2010. For the most up-to-date version of Chapter 16 click here. The Village has 15 zoning districts. A zoning map of the Village can be found here. To apply for a change to the zoning ordinance or a rezoning please fill out the following application.
pdf Application for Zoning Change Varience (Download Adobe Acrobat)

Conditional Use Permit

The Zoning and Shoreland ordinances allow for conditional use permits. A conditional use is also known as a special exception. It is an exception expressly listed in the zoning or shoreland ordinance that may be allowed in some locations if it meets specific conditions. A conditional use of land, water, or building is only allowable after the issuance of a special permit by the Village Board under the conditions of the Zoning or Shoreland Ordinance. To apply for a conditional use permit click here. After the application is submitted the Planning Commission will review the request and make a recommendation to the Village Board. At this time the neighbors will be notified and a public hearing will be held. The Village Board then will decide to grant or deny a conditional use permit.

Variance

A variance allows a property to be used in a manner forbidden by the zoning or shoreland ordinance. There are two types of zoning variances that are generally recognized: area and use variances. The Board of Appeals hears and makes decisions on the variance applications. To apply for a variance click the following.
pdf Application for Zoning Change Varience (Download Adobe Acrobat)

To be granted a variance, state law has three criteria the Board of Appeals must find that your property meets:

• There must be an unnecessary hardship in which the property owner can show that there would be no reasonable use of the property with a variance; and
• The property must have unique limitations that are different than other properties; and
• There must be no harm to the public interests if a variance is granted.

The Village has put together a pdfGuide to Board of Appeals Applicants (Download Adobe Acrobat) which provides more information on the process. Reviewing this document before applying for a variance is suggested.

 

 
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