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 City 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 City 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.

Decisionmaker Plan Commission makes the final decision

Appeals The Plan Commission's decision can be appealed to the Common Council within 30 calendar days of the date of the decision.
Application Fee
$400, plus $15 for processing fee, plus $5 for technology fee.
Upcoming Meetings
There are no upcoming dates at this time.
Application Materials
document icon Conditional Use
Are you Ready?
Do you have a PDF of your completed application form and other required materials?
If no, the application form is posted on this page.
Frequently Asked Questions
View all Frequently Asked Questions
Primary Staff Contact
Jacob Maas, Director of Community Development
(262) 673-8265
Typical Time to Complete this Application
25 Minutes
About Reviewers
The following are involved in the review of this type of application.

The Plan Commission is a 7-member body established by the Common Council to review certain development projects and act on other matters. Depending on the type of the development proposal, the commission may be advisory to the Common Council or have the authority to make the final decision.

Planning staff provides technical support to the Common Council, Plan Commission, Zoning Board of Appeals, developers, neighbors, and other interested parties to facilitate the development review process.

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Everyone involved in reviewing development projects help ensure they align with City regulations and long-term planning goals to foster positive growth and development.

Below are the ways we notify the public when someone submits this type of application. (ID: 207)

Meeting Agenda Meeting agendas are considered a form of public notice because they provide advance information about the topics a public body will review and may take action on during a meeting.

Published Notice A formal notice is published in the City's official newspaper as required by state law. This notice includes key details about the proposed application, such as the type of request, the applicant, location, and the date/time of the public hearing.

Mailed Notice A written notice is mailed to all property owners within 300 feet of the subject property. The notice informs nearby residents of the proposed application and provides information on how to participate in the process.

ZoningHub The application and related documents are posted on the Village's ZoningHub site on the Pending Applications page. This digital posting ensures 24/7 public access to information and may include the petitioner's application, staff reports, dates for upcoming meetings, decision documents, and more.

In addition, we'll notify eAlert subscribers on the first day the application is first posted online. Sign up for eAlerts.