"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.
special- or Often there
one conditional-use district regular or general zoning
to correspond district.
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
Mandelker, supra, § 6.62
(discussing "conditional zoning").
Wis. 2d 137,
function. 146 N.W.2d
ordinance is presumed valid
and must be liberally construed in
favor of the municipality.
American Oil Co., 27 Wis.
2d at 546. ordinance
a heavy burden. In Wisconsin,
See generally 1 Young, supra, §§ 3.01, "an ordinance will be held constitutional
shown beyond a