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, 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 Plan Commission makes a recommendation and the Town Board makes the final decision



























 
Application Fee
$500 plus professional service (chargeback) fees
Upcoming Meetings
January Plan Commission Review
Date Reviewed:
2025-01-24T00:30:00Z
Filing Deadline:
2025-01-02T22:00:00Z
February Plan Commission Review
Date Reviewed:
2025-02-28T00:30:00Z
Filing Deadline:
2025-02-06T22:00:00Z
Calendar 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
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
Primary Staff Contact
Tim Schwecke, Town Planner
920-728-2814
About Reviewers
The following are involved in the review of this type of application.

The Town Board is the governing body of the Town of West Bend and is responsible for making decisions on local policies, budgets, and ordinances. The board also reviews certain types of development projects. The board consists of 3 members who are elected to two-year, overlapping terms.

The Plan Commission is a 7-member body established by the Town Board 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 Town Board or have the authority to make the final decision. One member also serves on the Town Board; the remaining members are town residents.

Planning staff provides technical support to the Town Board, 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 Town regulations and long-term planning goals to foster positive growth and development.