Conditional Use

Introduction

Wisconsin cities are authorized to adopt a zoning ordinance under Wis. Stat. 62.23(7). Under that general authority, municipal zoning boards are authorized under Wis. Stat. sections 62.23(7)(e) to “make special exceptions to the terms of the ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained.”  The authority to make special exceptions is widely recognized as the basis to grant a Conditional Use Permit (CUP).  A CUP allows a Zoning Board to approve a land use that may be compatible in the zoning district in which it is proposed, but that is not permitted as a matter of right due to a range of potential conflicts.

Process

1. Pre-Application: Although not required, it is recommended to speak with the Zoning Administrator to discuss the proposed request.  
2. File Application Materials:  
   1. ​Complete and Submit the Application and any supporting materials to the Zoning Administrator
   2. Pay the permit fee as listed on the Council approved Fee Schedule
3. Staff Review:  City Staff will provide a technical review of the request to identify any relevant issues.  If extensive changes are required the process may be delayed until the issues can be addressed
4. Public Notice:  A Class 2 notice shall be published in the paper prior to the Plan Commission meeting.
5. Plan Commission Review/Recommendation: The Plan Commission shall review the proposed request, and shall recommend that the conditional use permit be granted as requested, modified, or denied.  The applicant should attend this meeting and be prepared to present the request and answer questions from the Plan Commission.  Public statements will be allowed at this meeting.
6. Council Review and Action: The City Council shall review the proposed request, and shall recommend that the conditional use permit be granted as requested, modified, or denied.  The applicant and members of the public will be allowed to make statements regarding the request.  Following such hearing and after careful consideration of the Plan Commission's recommendations and public comments, the City Council shall vote on a resolution approving the application and any conditions.
7. Recording:  Following final approval of the CUP, the City will prepare and the applicant will record at their own cost, the approved conditional use permit at the Iowa County Register of Deeds.  A recorded copy shall be provided to the City.