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No.

2006AP450

standards may vary from ordinance to ordinance.

9

3 E.C. Yokley,

Zoning Law

revision

by

¶22

A

and Practice § 21-1, at Douglas Scott MacGregor). zone that provides for use 21-4 of

(4th ed.

property

2002)

(2002

only when a

landowner obtains a conditional See Julian Conrad Juergensmeyer

use permit may face & Thomas E. Roberts,

scrutiny. Land Use

9 Although general standards for determining whether a conditional use permit should be granted have been utilized by some municipalities, most ordinances provide standards that are

more detailed.

at

21-4

(4th

3 E.C.

Yokley,

Zoning Law and Practice §

ed.

2002)

(2002

revision

by

Douglas

21-1, Scott

MacGregor).

The

more

generalized

municipalities,

have

simply

stated

standards,

that

uses

are

adopted by

allowed

if

some they

are in the with the Mandelker,

"public interest," "general welfare," or "consistent 'purpose or intent' of the zoning ordinance." supra, § 6.03, at 6-6. However, standards must be

sufficiently See 3 Young,

specific in order to supra, § 21.09, at 709

allow for judicial review. (discussing the specificity

of

standards).

"An

ordinance

fails

standards where it confers on a board [] to condition the issuance of the permit

to provide suitable 'unlimited discretion on the basis of such

norms

or

standards

as

it

may

from

time

to

time

arbitrarily

determine.'" Id. at 711. Anderson's American provides an example of conditional use standards.

Law of Zoning See 5 Alan C.

Weinstein, Anderson's American Law

(4th

ed.

1997).

While

the

example

of in

Zoning § 34.23, at Anderson's American

574-75 Law of

Zoning

is

than,

for

still general in nature, example, simply allowing

it provides more guidance those uses that are in the

"public

interest"

or

"general

welfare."

"Cases

that

invalidate

[general

standards,

such

as

in

the

'public

interest'

or

'general

welfare,']

emphasize

the

unlimited

zoning

agencies."

Mandelker,

supra,

discretion § 6.03, at

Young,

supra,

§ 21.09.

"Cases

that

uphold

they

confer on

6-6;

see also 3

these

standards

emphasize the need for flexibility in zoning administration and

the

difficulty

of

drafting

more

precise

criteria."

Mandelker,

supra,

§ 6.03, at 6-6.

Zoning,

"a sampling of

As noted in Anderson's American Law of both approved and disapproved standards

reveals

an

explained .

.

.

overlap which cannot be satisfactorily ." 3 Young, supra, § 21.09, at 715-16.

12

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