Section 320.19. Petition for variance.

  The department may grant a variance to a rule only if the variance does not result in lowering the level of health, safety and welfare established or intended by the rule. The department may consider other criteria in determining whether a variance should be granted including the effect of the variance on uniformity.

(1)   Application for variance. The applicant shall submit the petition for variance application to the municipality exercising jurisdiction in order to receive the municipal recommendation. Where no municipality exercises jurisdiction, the application shall be submitted to the department. The following items shall be submitted when requesting a variance:

(a) A clear written statement of the specific provisions of this code from which a variance is requested and the method of establishing equivalency to those provisions.

(b) A fee in accordance with s. SPS 302.52 . The municipality may require a fee for the processing of the application in addition to the department's fee.

(2)   Municipal recommendation. The municipality administering and enforcing this code shall submit all applications for variance to the department, together with a municipal recommendation within 10 business days after receipt of the application. The recommendation of the municipality shall include the following items:

(a) Inspections performed on the property.

(b) The issuance of correction orders on the property.

(c) An assessment of the overall impact of the variance on the municipality.

(3)   Departmental action. Where a municipality administers and enforces the code, the department shall decide petitions for variance and shall mail notification to the municipality and the applicant within 5 business days after receipt of the application and municipal recommendation. Where the department enforces the code, the department shall decide petitions for variance within 15 business days after receipt of the application and fees.

(4)   Appeals. A person or municipality may appeal the determination of the department in the manner set out in s. 101.02 (6) (e) to (i) and (8) , Stats.

History: Cr. Register, November, 1979, No. 287 , eff. 6-1-80; am. Register, November, 1995, No. 479 , eff. 12-1-95; correction in (1) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1996, No. 490 ; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672 .

Note

A copy of the Petition for Variance form (SBD-9890) is contained in the ch. SPS 325 Appendix A . Microsoft Windows NT 6.1.7601 Service Pack 1 A copy of the Municipal Recommendation form (SBD-9890) is contained in the ch. SPS 325 Appendix A . Microsoft Windows NT 6.1.7601 Service Pack 1