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13 / 52

No.

2006AP450

conditional

use

permit.

8

A

different than a permitted use.

conditional use, See S. Mark White,

however, is Classifying

and Defining Regulations,

Uses and Building Forms: Land-Use

American

Planning

Association

Coding

for Zoning

Zoning

Practice,

Sept. 2005,

at

conditional

use

8. does

While a permitted use is not provide that certainty

as of right, a with respect to

land use. uses that which the

See id.

Conditional

community

recognizes

a

uses are for as desirable

those particular or necessary but

community

will

sanction

only

in

a

controlled

manner.

State ex rel. Skelly Oil Delafield, 58 Wis. 2d 695, supra, § 21.06 (discussing permit requirements).

Co.

v.

Common

Council,

701, 207 N.W.2d

585 (1973);

uses commonly

subject to

City of 3 Young, special

¶21 A conditional use permit allows a property owner "to put his property to a use which the ordinance expressly permits

when certain conditions [or Oil Co., 58 Wis. 2d at 701.

standards] have been met." Skelly The degree of specificity of these

8 In Anderson's American Law of Zoning, permit' and 'exception' are not terms of art. consistently [in Anderson's American Law of

"the term 'special They will be used Zoning], but the

ordinances employ in addition to these terms,

'special exception,' 'special use,' combinations of descriptive words."

and a 2 Young

,

'conditional use,' variety of other supra, § 9.17, at

162.

See

generally Daniel

(5th ed. uses).

2003)

(discussing

R.

the

Mandelker,

Land Use

role

and

function

of

Law § 6.54 conditional

11

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