Zoning Code | Permit Center | Conditional Use

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Conditional Use
Description: A conditional use is a land use that is not automatically allowed in a particular zoning district, but may be allowed by the Town following a case-by-case review and determination.
 
The zoning regulations identify those land uses that are classified as a conditional use in each of the zoning districts. A particular land use may be allowed by right in one district, classified as a conditional use in another, and prohibited in the remaining districts.
 
The property owner or developer initiates the review process by submitting an application that describes the proposed location and the size and scope of the proposed use and basic operating characteristics.
 
Because a conditional use is not automatically allowed in a district, the public is notified of the pending application so they are aware of the proposal and invited to attend the public hearing to learn more about the proposed project and to offer their comments.  
 
Under Wisconsin law, local municipalities have some – not complete – discretion, within specific parameters, in determining whether the petitioner’s application should be approved or denied. By designating a particular land use as a conditional use in a given zoning district, a property owner has the potential for more development options while balancing that with the interests of the community, ensuring that new development does not adversely affect the surrounding area.
 
If the Town approves a petitioner’s conditional use application, other types of reviews may also be required such as a site plan review. Once approved, a conditional use is subject to ongoing terms and conditions for how the particular use is operated until the approval is amended or the use is terminated.

Decision-maker(s): Plan Commission makes a recommendation and the Town Board makes the final decision

Review process:
  1. Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent shall meet with the zoning administrator to review (i) applicable regulations and procedures, (ii) applicable sections of the town’s comprehensive plan, and (iii) the proposal. Upon request, the zoning administrator may waive the requirement to hold a pre-submittal meeting when he or she determines such meeting is not necessary given the nature of the project and/or the extent to which the applicant understands the town’s zoning requirements.
  2. Submittal of application materials. The applicant shall submit a completed application and other required materials to the zoning administrator along with the application fee as may be established by the Town Board.
  3. Staff review. Within 10 days of receiving the application and other required materials, the zoning administrator shall either schedule a date for the public hearing with the plan commission if the application is deemed complete or make a determination that the application is incomplete and notify the applicant in writing of the deficiencies and that the applicant has 3 months from the date of such determination to resubmit the application or forfeit the application fee, if any. The zoning administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.
  4. General notice. Consistent with division 2 of article 5, the zoning administrator shall provide for a class 2 public notice, property owner notice, and meeting agenda notice.
  5. Staff report preparation and distribution. The zoning administrator shall prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and Town Board, the applicant, and any other interested person upon request.
  6. Public hearing. Allowing for proper notice, the Plan Commission and Town Board shall conduct a joint public hearing consistent with division 3 of article 5. Prior to the close of the public hearing, the applicant, the Plan Commission, or the Town Board may request a continuance consistent with division 3 of article 5. If a continuance is granted, the Plan Commission may direct the zoning administrator to conduct additional research related to the proposed district. The Plan Commission shall not render a decision at the meeting.
  7. Staff follow-up. After the close of the public hearing, the Plan Commission may direct the zoning administrator, town engineer, and/or the town attorney to prepare such documents it deems necessary, including a preliminary decision document.
  8. Decision. At a subsequent meeting but no later than 40 days after the public hearing, the Town Board after considering the comments and the staff report shall make a decision based on the decision criteria contained in this division to (i) approve the conditional use, (ii) approve the conditional use with conditions, or (iii) deny the conditional use.
  9. Preparation of decision notice. Based on the action of the Town Board, the zoning administrator shall prepare a decision notice consistent with this division.
  10. Applicant notification. Within a reasonable time following the Town Board’s decision, the zoning administrator shall mail the decision notice to the applicant by regular mail.
  11. Acceptance by property owner required. If an approval includes one or more condition of approval, the property owner shall sign the decision notice to acknowledge the imposition of such condition or conditions and return the same to the zoning administrator within 6 months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the town clerk requesting an extension and the Town Board may, with cause, extend the period within which the decision notice must be signed. If the signed decision notice is not returned within the initial or extended time period, if any, the decision shall become null and void without any further action by the town. The decision notice shall only become effective when all required signatures have been obtained and the original signature copy is returned to the town clerk.
  12. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.
  
Application fee:
  • Type 1 conditional use: $300 plus $250 escrow
  • Type 2 conditional use: $700 plus $500 escrow
Upcoming Meetings
June Review
Filing Deadline:
2024-05-06T21:00:00Z
Date Reviewed:
2024-06-03T23:30:00Z
July Review
Filing Deadline:
2024-06-03T21:00:00Z
Date Reviewed:
2024-07-01T23:30:00Z
August Review
Filing Deadline:
2024-07-08T21:00:00Z
Date Reviewed:
2024-08-05T23:30:00Z
Show more dates
Notes

1. In order for an application to be heard on a given meeting date, the application (including forms, fees, plans, reports, etc.) must be submitted AND deemed complete by Town staff on or before the corresponding submittal date. Because of that, you may want to submit your application before the submittal date. That way, we may be able to let you know if anything is missing and you'll have some time to perhaps get it done before the deadline.

2. Meeting dates and their corresponding submittal dates are subject to change.

Application Materials
document icon Conditional Use