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No.

2006AP450

"conditional-use district zoning," some property be placed in a new

"a landowner requests that zoning district that has no

permitted uses, only special or conditional uses." Owens, Legislative Zoning Decisions 93 (2d ed. 1999). zoning:

David W. In such

[T]he ordinance text is amended to create a set of conditional-use districts. These conditional-use districts have no permitted uses as of right: no new

use of land may be undertaken unless conditional-use permit is first secured.

a

special- or Often there

is each

one conditional-use district regular or general zoning

to correspond district.

with These

districts

are

not applied

to

conditional-use is, they are

"floating zones"; that any property until a

petition to apply them is made by the landowner.

.

.

.

Id. (footnote omitted). hand, is rezoning that acceptance of additional

"Conditional zoning," on the other is made "subject to the owner's requirements that otherwise are not

applied

in

the

new

zoning

district."

Id.

at

97;

see

also

Mandelker, supra, § 6.62

(discussing "conditional zoning").

B.

Constitutional principles

¶26

The

role

of

courts

in

zoning

matters

is

limited

because County,

Buhler v.

Racine

403 (1966).

An

zoning

is

a

legislative

33

Wis. 2d 137,

146-47,

function. 146 N.W.2d

ordinance is presumed valid

and must be liberally construed in

favor of the municipality.

The

party

challenging

the

American Oil Co., 27 Wis.

constitutionality

of

an

2d at 546. ordinance

bears 3.14.

a heavy burden. In Wisconsin,

See generally 1 Young, supra, §§ 3.01, "an ordinance will be held constitutional

unless

the

contrary is

shown beyond a

reasonable doubt[,]

and

15

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