Holland Town Sheboygan County
City Zoning Code

Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Town Building Inspector or Town Zoning Administrator in the enforcement of this chapter.

Special exceptions and conditional use permits. To hear and decide appeals where it is alleged there is error in any issuance, denial, renewal, modification, termination or terms of a special exception or conditional use permit made by the Town Plan Commission in the enforcement of this chapter.

Variances. To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in practical difficulty or unnecessary hardship, so that the spirit and purposes of this chapter shall be observed, public safety and welfare secured, and substantial justice done. For an area variance, unnecessary hardship exists when strict compliance with this chapter would unreasonably prevent the property owner from using the property for a permitted purpose or would render conformity with this chapter unnecessarily burdensome. For a use variance, unnecessary hardship exists when strict compliance with this chapter would leave the property owner with no reasonable use of the property in the absence of a variance. In every case where a variance from the terms of this chapter has been granted by the Board of Appeals, the minutes of the Board shall affirmatively show that a practical difficulty or unnecessary hardship exists and the records of the Board shall clearly show in what particular and specific respects a practical difficulty or an unnecessary hardship is created.

To vary the applicable lot size requirements, including lot area, lot width, and density requirements.

To vary the applicable limitations on buildings, including height, lot coverage, yard requirements, and construction standards.

To vary the applicable off-street parking and off-street loading requirements.

To vary the applicable sign regulations.

To vary the regulations and restrictions applicable to nonconformities.

To vary the allowed use of a property when strict compliance with this chapter would leave the property owner with no reasonable use of the property, as it is currently zoned, in the absence of a use variance.

Preservation of intent. No variance may be granted that is not consistent with the purpose and intent of the regulations for the zoning district in which the development is located. No use variance may have the effect of permitting a use in any zoning district, that is not a stated permitted use, accessory use, or conditional use in that particular zoning district, unless there is no reasonable use of the property, as it is currently zoned, in the absence of a use variance.

Exceptional circumstances. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to a lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district, and the granting of the variance would not be of so general or recurrent nature as to suggest that this chapter should be changed.

Economic hardship and self-imposed hardship are not grounds for variance. No variance may be granted solely on the basis of economic gain or loss. Self-imposed hardships may not be considered as grounds for the granting of a variance.

Preservation of property rights. Such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and vicinity.

Absence of detriment. The variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.