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No.

2006AP450

Planning and Development Conditional use permits, of municipal planning. 11

Regulation Law 283-84 (2d ed. 2007). however, remain a widely accepted tool Skelly Oil Co., 58 Wis. 2d at 700-01. 10

¶23 Allowing for conditional uses, in addition to permitted uses as of right, makes sense when one considers the

10

Professors Juergensmeyer and Roberts state:

From the inception of zoning, special permit has grown. . . .

the

use

of

the

A court will likely invalidate

an ordinance that

handles

all

Rockhill v. that almost

uses

by

special

permit.

The

Township of Chesterfield faced a

went

that

far.

The

authorities

court in situation zoned the

entire township for agricultural and residential and no other use was possible without issuance

uses, of a

special permit. the scope of the

The court found enabling statute

the ordinance beyond since the zoning was

neither uniform nor comprehensive. uses subject to "local discretion

It placed too many without regard to

districts, was] . .

ruled by vague and elusive . the antithesis of zoning."

criteria, [and The Rockhill

court's objection may be overstated.

If the standards

ordinance,

there is

of land

use by

by case

regulatory

are adequate and written

into the

no reason

to require

control

districting

rather than

a case

scheme.

Julian Conrad Juergensmeyer &

Thomas E.

Roberts,

Planning and Development 2007) (footnotes omitted).

Regulation

Law

283-84

Land Use (2d ed.

11 However, zoning respect to the value of

experts have differing opinions with special permit zoning, i.e., conditional

use permits.

2 Young,

believe "that

the trend

supra,

toward

§ 9.18,

at

166.

Some

more

specially

permitted

experts uses is

unfortunate

in

that

it

narrows

the

number

of

uses

which

a

landowner requirement critics to

can establish as of [or conditional use impose too heavy

a

right." permit] burde

n

Id.

"The

is

thought

special by these

upon

landowners

by

requiring

them

to resort

vindicate

their

right to use

to

administrative

their

lands."

Id.

proceedings

to

13

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