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34 / 52

No.

2006AP450

special permit.

3 Young,

supra,

§ 21.01,

at 693-94.

20

The Law

of Municipal Corporations rely on the conditional residential, commercial and

provides, "[z]oning ordinances that use mechanism retain the usual industrial zones specifying the uses

permitted in each zone,

and, in

addition,

uses for each zone."

8

Eugene

McQuillin,

establish conditional The Law of Municipal

Corporations § 25.159 (3d

¶50

Current

zoning

ed. 2000). journals

also

support

the

conclusion

that the common, accepted zoning practice is to provide permitted uses as of right and then, in addition to permitted uses, the ordinance may provide for conditional uses. For example, in an article of Zoning Practice, the author discusses

the Gail

relationship between permitted and conditional Easley, Conditional Uses: Using Discretion,

uses. Hoping

Certainty,

American

2006. The

author

Planning writes,

Association Zoning "[t]he fundamental

Practice, purpose of

See for May the

zoning ordinance is to establish districts (zones) which have a common set of permissible uses and a common set of site design

standards within each." right' uses," i.e., "the

Id. at 2. Permissible uses uses are named in the zoning

are "'by- ordinance

20

See,

e.g.,

5

Weinstein,

supra,

§ 32.46,

at

78-84

(providing both permitted,

residential

district);

§

accessory, 32.49, at

and conditional uses

94-102

(providing

in a both

permitted

and

conditional

uses

in

a

commercial

103-04

(providing

general

office

both

permitted

and

district);

§

32.51,

§ 32.50,

at

uses

in

a

(providing

both

permitted

and

conditional

uses

district); conditional at 104-09 in highway

commercial district); § 32.52, at 110-16 (providing permitted, accessory, and conditional uses in the industrial district).

32

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