VILLAGE OF ELKHART LAKE ZONING, CONDITIONAL USE PERMITS & 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. The Village has 15 zoning districts.

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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, complete and submit the Conditional Use Permit Application Form. After the application is submitted the Planning Commission will review the request and make a recommendation to the Village Board. At that 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.

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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.

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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 Guide to Board of Appeals Applicants provides more information on the process. Reviewing this document before applying for a variance is suggested.

View/Download Guide to Board of Appeals Applicants (PDF)

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