Town of West Bend - Permit Center

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.

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

Application fee: $500 plus professional service (chargeback) fees

Upcoming Meetings

June Review

Filing Deadline:

2024-05-30T21:00:00Z

Date Reviewed:

2024-06-27T23:30:00Z

July Review

Filing Deadline:

2024-06-27T21:00:00Z

Date Reviewed:

2024-07-25T23:30:00Z

August Review

Filing Deadline:

2024-07-25T21:00:00Z

Date Reviewed:

2024-08-22T23:30:00Z

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

Conditional use

Frequently Asked Questions

+ - The review process for a development application includes a public hearing. What's that?

A public hearing is intended to allow the petitioner the opportunity to describe their proposed project and interested parties the opportunity to share their concerns with the reviewing authority. While all public comments are welcome, speakers should focus on those elements of the project that are within the review authority's scope of authority. Consistent with established policies, public comments may be limited in duration to make sure everyone can be heard.

+ - If I submit an application and it is not approved, can I get my application fee back?

Application fees are not refundable. They are intended to cover the costs necessary to review the application.

+ - What is a professional service (chargeback) fee?

For some types of development reviews, the Town charges the applicant for the time spent by the Town engineer, attorney, planner, or other professional in reviewing their application. In that way, Town taxpayers aren't paying for the cost of development activities. Invoices are mailed to the applicant as the Town incurs such costs.

+ - What is a determination of completeness?

When we receive a development application, staff will review the materials to make sure the application submittal is complete and ready for formal review. If an application submittal is not complete, staff will notify the applicant and describe the parts that are not complete.

A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

+ - Can a decision of the Town Board be appealed?

Yes; appeals are made to the circuit court and generally must be filed with the court soon after the decision has been made.

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Zoning Code | Permit Center | Conditional Use