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, and if approved, what conditions of approval are warranted, if any.

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. Sections 17.4.14 and 17.5 of the zoning code describes the requirements and procedures for reviewing a conditional use, including an amendment of an approved conditional use.

Decisionmakers The Plan Commission makes a recommendation and the Town Board makes the final decision.

Appeals The Commission's decision can be appealed to circuit court.